Provides relative to contractor fraud

House Bill 70 amends Louisiana Revised Statutes 14:202.1 to expand the crime of contractor fraud beyond residential properties to include commercial properties. The bill modifies the definition of "building improvement or construction" to apply to alterations, repairs, modifications, or improvements to any immovable or movable property that meets the statutory definition of "building," regardless of whether the property is primarily designed or used as a residence or for commercial purposes. The substantive criminal offense provisions remain unchanged, continuing to criminalize misappropriation or intentional taking of value through deception, false pretenses, false promises, property damage, or failure to possess required licenses by persons who have contracted to perform building improvements or construction work.

The expansion of contractor fraud liability affects both contractors and property owners. Commercial property owners and their representatives now have protection under the contractor fraud statute and may pursue criminal remedies against contractors who engage in fraudulent conduct on commercial buildings and improvements. Contractors performing work on commercial properties face potential criminal liability under this expanded statute, including imprisonment and fines based on the value of the misappropriation or taking, with enhanced penalties for repeat offenders. However, the enhanced penalty provision for victims aged sixty-five or older is explicitly limited to residential properties only, meaning that commercial property owners do not receive the additional five-year concurrent imprisonment enhancement regardless of their age.

This bill operates within Louisiana's theft and fraud statutes and maintains consistency with the state's building and construction regulatory framework. The amendment references R.S. 33:4771, which provides the statutory definition of "building" that establishes the scope of applicable property types. The contractor fraud statute continues to interact with state, municipal, and parochial licensing requirements for building improvements and construction work. The clarification that the age-based enhancement applies only to residential properties preserves the protective policy for elderly residents in the residential context while extending fraud prevention to the commercial sector, reflecting a legislative judgment to broaden consumer and business protection without extending all existing protective measures to commercial transactions.