Fraudulent Utility Conversion; create crime when landlord fails to pay utilities and tenants' utilities are interrupted.
What changed between versions
Entire Section 2 (amending Section 89-8-23 to add utility payments as a landlord duty) was removed from the bill.
Entire Section 3 (bringing forward Section 89-8-25 tenant duties for amendment) was removed from the bill.
The offense is no longer limited to landlords. It now covers any person who received money or payment in accordance with a lease contract or rental agreement to pay utility services.
The crime was renamed and redefined. The original 'fraudulent utility conversion' required a landlord to receive payment from a tenant, fail to remit it, AND have the provider interrupt service. The new version applies to any person who received payment under a lease to pay utilities and either (a) fails to apply the money within 60 days of receiving the bill, or (b) uses deception, false pretense, or false promise in failing to apply the money.
New definition of 'utility services' added: any water, electricity, gas, heat, or sewer services, whether privately, municipally, cooperatively, or investor-owned.
New exemption: the law does not apply if the tenant failed to timely pay sufficient funds to satisfy the utility bill, or if the delay is due to an administrative, clerical, or technical error by the utility company.
New restitution requirement: a convicted person must make full restitution to the victim and any other person who suffered a financial loss, pursuant to Chapter 37, Title 99.
Penalty language changed from 'conversion' to 'misappropriation or taking' throughout all penalty tiers. The lowest tier (under $1,000) now specifies imprisonment in the county jail rather than just imprisonment.
Effective date changed from July 1, 2026 to immediately upon passage of the act.