HB3407 102ND GENERAL ASSEMBLY

LRB102 14785 KTG 20138 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by changing Sections 8A-5A and 8A-6 and by adding Section 8A-4B as follows:

(305 ILCS 5/8A-4B new)

Sec. 8A-4B. Penalty for unauthorized possession and use of cash benefits. Notwithstanding any provision of law to the contrary, 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 of this Article and shall be subject to the penalties established under Section 8A-6.

(305 ILCS 5/8A-5A) (from Ch. 23, par. 8A-5A)

Sec. 8A-5A. Unauthorized possession of identification document. Any person who possesses for an unlawful purpose another person's identification document issued by the Illinois Department shall be guilty of a Class 4 felony. For purposes of this Section, "identification document" includes but is not limited to an authorization to participate in the federal Supplemental Nutrition Assistance Program food stamp program or the federal surplus food commodities program, or a card or other document which identifies a person as being entitled to public aid, including cash assistance, under this Code.

(Source: P.A. 86-1012.)

(305 ILCS 5/8A-6) (from Ch. 23, par. 8A-6)

Sec. 8A-6. Classification of violations.

(a) Any person, firm, corporation, association, agency, institution or other legal entity that has been found by a court to have engaged in an act, practice or course of conduct declared unlawful under Sections 8A-2 through 8A-5 or Section 8A-13 or 8A-14 where:

(1) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal Supplemental Nutrition Assistance Program (SNAP) benefits food stamps and the value of commodities, is less than $150, shall be guilty of a Class A misdemeanor;

(2) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $150 or more but less than $1,000, shall be guilty of a Class 4 felony;

(3) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $1,000 or more but less than $5,000, shall be guilty of a Class 3 felony;

(4) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $5,000 or more but less than $10,000, shall be guilty of a Class 2 felony; or

(5) the total amount of money involved in the violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $10,000 or more, shall be guilty of a Class 1 felony and, notwithstanding the provisions of Section 8A-8 except for Subsection (c) of Section 8A-8, shall be ineligible for financial aid under this Article for a period of two years following conviction or until the total amount of money, including the value of federal food stamps, is repaid, whichever first occurs.

(b) Any person, firm, corporation, association, agency, institution or other legal entity that commits a subsequent violation of any of the provisions of Sections 8A-2 through 8A-5 and:

(1) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is less than $150, shall be guilty of a Class 4 felony;

(2) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $150 or more but less than $1,000, shall be guilty of a Class 3 felony;

(3) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $1,000 or more but less than $5,000, shall be guilty of a Class 2 felony;

(4) the total amount of money involved in the subsequent violation, including the monetary value of cash assistance benefits or federal SNAP benefits food stamps and the value of commodities, is $5,000 or more but less than $10,000, shall be guilty of a Class 1 felony.

(c) For purposes of determining the classification of offense under this Section, all of the money received as a result of the unlawful act, practice or course of conduct can be accumulated.

(Source: P.A. 90-538, eff. 12-1-97.)

Section 99. Effective date. This Act takes effect upon becoming law.