Creates the crime of theft of gift cards or gift card redemption information. (8/1/25) (EN SEE FISC NOTE GF EX)
Summary
SB 38 expands Louisiana’s access device fraud law to expressly include gift cards and gift card redemption information within the definition of an “access device.” It also defines “gift card” for purposes of the statute and keeps in place the existing offense for knowingly possessing 15 or more counterfeit or misappropriated access devices with intent to defraud. The bill updates the statute’s terminology so that theft, possession, transfer, or misuse involving gift cards can be prosecuted under the access device fraud framework.
The bill also preserves the statute’s tiered penalty structure based on the value of the misappropriation or taking, ranging from misdemeanor-level penalties for losses under $1,000 to felony penalties for larger amounts, including up to 20 years at hard labor for losses of $25,000 or more. It requires restitution and allows recovery of victim-related costs such as attorney fees and expenses tied to clearing credit history or resolving related civil or administrative matters. It further provides that multiple distinct acts may be aggregated to determine the offense grade, even if they involve different victims.
Impact
SB 38 amends R.S. 14:70.4, Louisiana’s access device fraud statute, by broadening the statutory definition of access device to include gift cards and related account or redemption information. This change gives prosecutors a clearer basis to charge theft or fraudulent possession involving gift cards under existing access device fraud provisions, rather than relying only on more general theft statutes. The bill also affects sentencing and restitution rules already embedded in the statute, but does not create a separate penalty scheme outside the current fraud framework.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate 36-0, the House 97-0, and the Senate concurred 37-0, indicating unanimous approval in both chambers. The lack of committee transcript material also suggests there was little recorded debate or opposition, and the measure was treated as a targeted update to address a specific form of fraud.
Contention
No significant opposition is reflected in the available record. The main policy choice is the expansion of the law to cover gift cards and redemption information, which likely reflects concern about evolving fraud methods and consumer theft. Any potential contention would center on whether gift cards should be treated like other access devices and whether the statute’s broad aggregation and restitution provisions are appropriate for these offenses, but no legislator or stakeholder objections are documented in the provided materials.