A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Summary
SB 190 creates new criminal offenses related to gift cards and gift card redemption information. It defines key terms such as “gift card,” “counterfeit gift card,” and “gift card redemption information,” and then makes it a crime to knowingly or intentionally exert unauthorized control over a gift card or its redemption information. That conduct is labeled “gift card theft” and is generally a Class A misdemeanor, but it becomes a Level 6 felony if the person has a prior unrelated conviction for the same offense.
The bill also creates a separate offense of “gift card fraud” for creating or possessing counterfeit gift cards, placing counterfeit gift cards in retail locations where consumers would normally buy them, or tampering with gift cards or redemption information. Gift card fraud is a Level 6 felony, elevated to a Level 5 felony for a prior unrelated conviction. The bill is set to take effect July 1, 2026, and it amends Indiana criminal code provisions to add these definitions and offenses.
Impact
SB 190 would expand Indiana criminal law by adding specific gift-card-related offenses to the theft and fraud statutes. It would give prosecutors clearer statutory tools to charge conduct involving stolen, altered, or counterfeit gift cards and the digital information used to access their value. Retailers, consumers, and law enforcement would be the primary affected parties, especially in cases involving organized retail theft, fraud schemes, or tampering with prepaid cards.
Sentiment
Based on the available record, the bill appears to be straightforward and punitive in nature, aimed at addressing a specific form of theft and fraud. There are no committee transcripts or recorded votes in the provided materials, so there is no documented debate or opposition to gauge broader sentiment. The bill’s caption and structure suggest a public-safety and anti-fraud rationale, with an emphasis on deterrence and enforcement.
Contention
No specific points of contention are documented in the provided materials because there are no committee discussion transcripts or votes. Potential issues that could arise, based on the bill text, include whether existing theft and fraud statutes already cover this conduct, whether the felony penalties are proportionate, and how broadly terms like “gift card redemption information” or “unauthorized control” may be applied. Any disagreement would likely center on enforcement scope, penalty severity, and overlap with existing criminal provisions.