Illinois General Assembly - Full Text of HB3407
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Full Text of HB3407  102nd General Assembly

HB3407 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3407

 

Introduced 2/22/2021, by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/8A-4B new
305 ILCS 5/8A-5A  from Ch. 23, par. 8A-5A
305 ILCS 5/8A-6  from Ch. 23, par. 8A-6

    Amends the Illinois Public Aid Code. Provides that any person who possesses for an unlawful purpose another person's Electronic Benefit Transfer card (EBT) or LINK card in order to use or transfer in any manner not authorized by law or the rules and regulations of the Department of Human Services the cash assistance benefits held on that EBT or LINK card is guilty of a violation and shall be subject to certain penalties established under the Code. Effective immediately.


LRB102 14785 KTG 20138 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3407LRB102 14785 KTG 20138 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Sections 8A-5A and 8A-6 and by adding Section 8A-4B
6as follows:
 
7    (305 ILCS 5/8A-4B new)
8    Sec. 8A-4B. Penalty for unauthorized possession and use of
9cash benefits. Notwithstanding any provision of law to the
10contrary, any person who possesses for an unlawful purpose
11another person's Electronic Benefit Transfer card (EBT) or
12LINK card in order to use or transfer in any manner not
13authorized by law or the rules and regulations of the
14Department of Human Services the cash assistance benefits held
15on that EBT or LINK card is guilty of a violation of this
16Article and shall be subject to the penalties established
17under Section 8A-6.
 
18    (305 ILCS 5/8A-5A)  (from Ch. 23, par. 8A-5A)
19    Sec. 8A-5A. Unauthorized possession of identification
20document. Any person who possesses for an unlawful purpose
21another person's identification document issued by the
22Illinois Department shall be guilty of a Class 4 felony. For

 

 

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1purposes of this Section, "identification document" includes
2but is not limited to an authorization to participate in the
3federal Supplemental Nutrition Assistance Program food stamp
4program or the federal surplus food commodities program, or a
5card or other document which identifies a person as being
6entitled to public aid, including cash assistance, under this
7Code.
8(Source: P.A. 86-1012.)
 
9    (305 ILCS 5/8A-6)  (from Ch. 23, par. 8A-6)
10    Sec. 8A-6. Classification of violations.
11    (a) Any person, firm, corporation, association, agency,
12institution or other legal entity that has been found by a
13court to have engaged in an act, practice or course of conduct
14declared unlawful under Sections 8A-2 through 8A-5 or Section
158A-13 or 8A-14 where:
16        (1) the total amount of money involved in the
17    violation, including the monetary value of cash assistance
18    benefits or federal Supplemental Nutrition Assistance
19    Program (SNAP) benefits food stamps and the value of
20    commodities, is less than $150, shall be guilty of a Class
21    A misdemeanor;
22        (2) the total amount of money involved in the
23    violation, including the monetary value of cash assistance
24    benefits or federal SNAP benefits food stamps and the
25    value of commodities, is $150 or more but less than

 

 

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1    $1,000, shall be guilty of a Class 4 felony;
2        (3) the total amount of money involved in the
3    violation, including the monetary value of cash assistance
4    benefits or federal SNAP benefits food stamps and the
5    value of commodities, is $1,000 or more but less than
6    $5,000, shall be guilty of a Class 3 felony;
7        (4) the total amount of money involved in the
8    violation, including the monetary value of cash assistance
9    benefits or federal SNAP benefits food stamps and the
10    value of commodities, is $5,000 or more but less than
11    $10,000, shall be guilty of a Class 2 felony; or
12        (5) the total amount of money involved in the
13    violation, including the monetary value of cash assistance
14    benefits or federal SNAP benefits food stamps and the
15    value of commodities, is $10,000 or more, shall be guilty
16    of a Class 1 felony and, notwithstanding the provisions of
17    Section 8A-8 except for Subsection (c) of Section 8A-8,
18    shall be ineligible for financial aid under this Article
19    for a period of two years following conviction or until
20    the total amount of money, including the value of federal
21    food stamps, is repaid, whichever first occurs.
22    (b) Any person, firm, corporation, association, agency,
23institution or other legal entity that commits a subsequent
24violation of any of the provisions of Sections 8A-2 through
258A-5 and:
26        (1) the total amount of money involved in the

 

 

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1    subsequent violation, including the monetary value of cash
2    assistance benefits or federal SNAP benefits food stamps
3    and the value of commodities, is less than $150, shall be
4    guilty of a Class 4 felony;
5        (2) the total amount of money involved in the
6    subsequent violation, including the monetary value of cash
7    assistance benefits or federal SNAP benefits food stamps
8    and the value of commodities, is $150 or more but less than
9    $1,000, shall be guilty of a Class 3 felony;
10        (3) the total amount of money involved in the
11    subsequent violation, including the monetary value of cash
12    assistance benefits or federal SNAP benefits food stamps
13    and the value of commodities, is $1,000 or more but less
14    than $5,000, shall be guilty of a Class 2 felony;
15        (4) the total amount of money involved in the
16    subsequent violation, including the monetary value of cash
17    assistance benefits or federal SNAP benefits food stamps
18    and the value of commodities, is $5,000 or more but less
19    than $10,000, shall be guilty of a Class 1 felony.
20    (c) For purposes of determining the classification of
21offense under this Section, all of the money received as a
22result of the unlawful act, practice or course of conduct can
23be accumulated.
24(Source: P.A. 90-538, eff. 12-1-97.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.