HB 70

HLS 26RS-131  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 70
 BY REPRESENTATIVE WALTERS
 CRIME/THEFT: Provides relative to contractor fraud
1AN ACT
2 To amend and reenact R.S. 14:202.1(A)(introductory paragraph), (2), (3), and (6), (B),
3(C)(1), and (D), relative to the crime of contractor fraud; to provide for the types of
4property to which the crime applies; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6Section 1. R.S. 14:202.1(A)(introductory paragraph), (2), (3), and (6), (B), (C)(1),
7 and (D) are hereby amended and reenacted to read as follows:
8§202.1. Residential contractor Contractor fraud; penalties
9A.   Residential contractor Contractor fraud is the misappropriation or
10intentional taking of anything of value which belongs to another, either without the
11consent of the other to the misappropriation or taking, or by means of fraudulent
12conduct, practices, or representations by a person who has contracted to perform any
13home building improvement or residential construction, or who has subcontracted
14for the performance of any home building improvement or residential construction.
15A misappropriation or intentional taking may be inferred when a person does any of
16the following:
17*       *  *
18(2) Uses, or causes an agent or employee to use, any deception, false
19pretense, or false promise to cause any person to enter into a contract for home
20building improvements or residential construction.
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1(3) Damages the property of any person with the intent to induce that person
2to enter into a contract for home building improvements or residential construction.
3*       *  *
4(6) Fails to possess the required license for home building improvements or
5residential construction required by applicable state, municipal, or parochial statute.
6*       *  *
7B. For purposes of this Section, "home building improvement or residential
8construction" means any alteration, repair, modification, construction, or other
9improvement to any immovable or movable property primarily designed or used as
10a residence or to any structure within the residence or upon the land adjacent to the
11residence that meets the definition of "building" pursuant to R.S. 33:4771, regardless
12of whether primarily designed or used as a residence or commercial property.
13C.(1) When the misappropriation or intentional taking amounts to a value of
14less than one thousand dollars, the offender shall be imprisoned for not more than six
15months, or fined not more than one thousand dollars, or both. If the offender in such
16cases has been convicted of theft or contractor fraud pursuant to this Section two or
17more times previously, then upon conviction the offender shall be imprisoned, with
18or without hard labor, for not more than two years, or fined not more than two
19thousand dollars.
20*       *  *
21D.(1) In addition to the penalties provided in Subsection C of this Section,
22a person convicted of residential contractor fraud shall be ordered to make full
23restitution to the victim and any other person who has suffered a financial loss as a
24result of the offense. For the purposes of this Subsection, restitution to the victim
25shall include includes the cost of repairing work fraudulently performed by the
26contractor and the cost of completing work for which the contractor was paid but did
27not complete.
28(2) A person sentenced under pursuant to the provisions of Paragraph (C)(2),
29(3), or (4) of this Section when the victim is sixty-five years of age or older and the
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HLS 26RS-131  ORIGINAL
  HB NO. 70
1property at issue is residential, in addition to any other penalties imposed pursuant
2to this Section, shall be imprisoned, with or without hard labor, for not more than
3five years to be served concurrently with the sentence imposed.
4*       *  *
  DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 70 Original  2026 Regular Session  Walters
Abstract: Adds commercial property to the crime of contractor fraud.
Present law provides for the crime of residential contractor fraud and penalties.
Proposed law changes present law to also apply to commercial properties.
Present law provides an additional penalty when the victim is aged 65 or older.
Proposed law retains present law regarding 65-year-old victims and clarifies that this
provision only applies to residential properties.
(Amends R.S. 14:202.1(A)(intro. para.), (2), (3), and (6), (B), (C)(1), and (D))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.