Full Text of HB0641 98th General Assembly
HB0641ham002 98TH GENERAL ASSEMBLY | Rep. Mary E. Flowers Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 641
| 2 | | AMENDMENT NO. ______. Amend House Bill 641 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Public Aid Code is amended by | 5 | | changing Section 1-10 as follows:
| 6 | | (305 ILCS 5/1-10)
| 7 | | Sec. 1-10. Drug convictions.
| 8 | | (a) Persons convicted of an offense under the Illinois | 9 | | Controlled Substances
Act, the Cannabis Control Act, or the | 10 | | Methamphetamine Control and Community Protection Act which is a | 11 | | Class X felony, or a Class 1 felony,
or comparable federal | 12 | | criminal law which has as an element the
possession, use, or | 13 | | distribution of a controlled substance, as defined in
Section | 14 | | 102(6) of the federal Controlled Substances Act (21 U.S.C. | 15 | | 802(c)),
shall not be eligible for cash assistance provided | 16 | | under this Code. The Department may exempt persons applying for |
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| 1 | | cash assistance from this prohibition under the following | 2 | | circumstances:
| 3 | | (1) If the Class X or Class 1 felony conviction | 4 | | occurred 5 years prior to the date of application for cash | 5 | | assistance. | 6 | | (2) If the person has no subsequent criminal | 7 | | conviction. | 8 | | (3) If the person is satisfactorily serving a sentence | 9 | | of a period of probation or is in the process of completing | 10 | | or has completed mandatory participation in a drug or | 11 | | alcohol treatment program, or if the person has taken | 12 | | action towards rehabilitation, such as participation in a | 13 | | drug treatment program, aftercare program, or similar | 14 | | program as defined by rule. | 15 | | (b) Persons convicted of
any other felony under the | 16 | | Illinois Controlled Substances Act, the Cannabis
Control Act, | 17 | | or the Methamphetamine Control and Community Protection Act | 18 | | which is not a Class X or Class 1 felony, or comparable
federal | 19 | | criminal law which has as an element the possession, use, or
| 20 | | distribution of a
controlled substance, as defined in Section | 21 | | 102(6) of the federal Controlled
Substances Act (21 U.S.C. | 22 | | 802(c)), shall not be eligible for cash assistance
provided | 23 | | under this Code for 2 years from the date of conviction . This
| 24 | | prohibition shall not apply if the person is satisfactorily | 25 | | serving a sentence of a period of probation or is in the | 26 | | process of completing or has completed mandatory participation |
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| 1 | | in a drug treatment program, or if the person has taken action | 2 | | towards rehabilitation, such as participation in a drug | 3 | | treatment program,
aftercare program, or similar program as | 4 | | defined by rule.
| 5 | | (c) Persons shall not be determined ineligible for food | 6 | | stamps provided
under this Code based upon a conviction of any | 7 | | felony or comparable federal or
State criminal law which has an | 8 | | element the possession, use or distribution of
a controlled | 9 | | substance, as defined in Section 102(6) of the federal | 10 | | Controlled
Substance
Act (21 U.S.C. 802(c)).
| 11 | | (Source: P.A. 94-556, eff. 9-11-05.)".
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