Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Committee reviews S183 to reintroduce 'intent to defraud' into home‑improvement fraud law
Summary
A Judiciary committee reviewed S183, a bill that would clarify that an intent‑to‑defraud mental state is required under the home‑improvement fraud statute. Members questioned wording, constitutional risk under the Thirteenth Amendment, and whether prosecution should be centralized in the Attorney General’s Office; no vote was taken.
A legislative committee on Jan. 28 examined S183, a proposal to clarify that an intent‑to‑defraud mental state is required for criminal liability under the state’s home‑improvement fraud statute. Legal counsel told the panel the draft restores language closer to the statute before 2015 and adds the word "knowingly" to show the deceptive mindset must exist when a homeowner signs a contract.
Speaker 2, identified in the transcript as legal counsel, said the bill "clarify[s] the intent that intention of fraud is a requirement under the statute" and explained that some trial courts have read the 2015 edits as removing an intent requirement. "If the home improvement fraud statute did not have an intent to the fraud requirement," the counsel warned, "several trial court decisions based on United States Supreme…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
