SB 38 Louisiana Senate · 2025 Regular Session

CRIME/PUNISHMENT: Creates the crime of theft of gift cards or gift card redemption information. (8/1/25) (EN SEE FISC NOTE GF EX)

SB 38 creates a new criminal offense for stealing gift cards or their redemption information in Louisiana. It specifically targets individuals who take, alter, duplicate, or fraudulently obtain gift cards or redemption details without authorization from the cardholder, issuer, or seller. The law defines key terms like "active" gift cards (with funds loaded) and "redemption information" (needed to use the card's value), and sets penalties including fines and prison time for violations. Offenders must also pay full restitution to victims, with payment plans available if they are indigent. This bill directly affects anyone committing gift card theft or fraud, making these acts punishable under Louisiana law.
Bill status signed all 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
Senate Passage
May 2025
House Passage
May 2025
Signed into Law
Jun 2025
Introduced Mar 31, 2025 Signed Jun 4, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

SB38 Original SB38 Act · 4 edits
MODERATE
This bill fundamentally changes the legal approach to gift card fraud by replacing a specific 'theft' statute with a broader 'access device fraud' framework. The new law expands the definition of an 'access device' to explicitly include gift cards, allowing prosecutors to charge these crimes under existing financial fraud statutes rather than standard theft laws. This shift likely results in different sentencing guidelines and penalties compared to the previous specific theft provisions.
Scope change
The bill expands the scope from a narrow crime of 'theft of gift cards' to a broader category of 'access device fraud,' treating gift cards as financial access devices similar to credit cards or bank account numbers.
DEFINITION

The definition of 'access device' was expanded to explicitly include 'gift cards,' whereas the previous law treated them as a separate category of property.

ENFORCEMENT

New penalties for 'access device fraud' were added, which may carry different sentencing structures and potential fines compared to the old specific theft statute.

SCOPE

The specific crime of 'theft of gift cards or gift card redemption information' under R.S. 14:67.23 was removed and replaced by the broader access device fraud provisions.

REQUIREMENT

New definitions for terms like 'counterfeit access device' and 'device-making equipment' were added to clarify what constitutes fraud involving gift cards.

Floor votes · Senate Apr 22, 2025 · House May 27, 2025

How they voted

340
Passed · 3 other
Total votes 37
Apr 22, 2025
D Democratic11
9 Yea 2
81% Yea
R Republican26
25 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
5
Committee
4
Amendments
1
May 28, 2025
Upper · Passed
Amendments proposed by the House read and concurred in by a vote of 37 yeas and 0 nays.
upper
May 27, 2025
Lower · Passed
Read third time by title, amended, roll called on final passage, yeas 98, nays 0. Finally passed, ordered to the Senate.
lower
May 15, 2025
Introduced
Reported without Legislative Bureau amendments.
lower
May 14, 2025
Lower · Passed
Reported with amendments (7-0). Referred to the Legislative Bureau.
lower
Apr 23, 2025
Committee
Read by title, under the rules, referred to the Committee on Administration of Criminal Justice.
lower
Apr 22, 2025
Upper · Passed
Read by title, passed by a vote of 36 yeas and 0 nays, and sent to the House. Motion to reconsider tabled.
upper
Apr 15, 2025
Upper · Passed
Reported favorably.
upper
Apr 14, 2025
Committee
Introduced in the Senate; read by title. Rules suspended. Read second time and referred to the Committee on Judiciary C.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Bob Hensgens
Bob Hensgens
RRepublican
LA
26