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Bill to restore intent requirement in home and land improvement fraud advances after counsel walkthrough
Summary
Legislative counsel explained S183 would restore a 'knowingly' intent requirement and extend coverage to change orders, narrowing criminal exposure and addressing trial-court decisions that raised 13th Amendment concerns about criminalizing simple breaches of contract.
Legislative counsel walked the House Judiciary Committee through S183 on March 31, describing two targeted changes to the state's home and land improvement fraud statute.
Hillary Ames of Legislative Council said the bill returns the criminal statute to its pre-2015 framing by requiring that a person "knowingly enter into a contract" with intent not to perform, and by adding "change order" to the definition of qualifying contracts so contract modifications made with fraudulent intent are covered. She said the 2015…
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