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90_SB1836
305 ILCS 5/1-10
Amends the Illinois Public Aid Code. Provides that a
person convicted under federal or State law of any offense
which is classified as a felony by the law of the
jurisdiction involved and which has as an element the
possession, use, or distribution of a controlled substance
shall be ineligible for cash assistance provided under this
Code (currently a person with a drug conviction remains
eligible for food stamps and is ineligible for cash
assistance for 2 years or permanently, depending on the
seriousness of the offense). Effective immediately.
LRB9007917SMdv
LRB9007917SMdv
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 1-10.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 1-10 as follows:
7 (305 ILCS 5/1-10)
8 Sec. 1-10. Drug convictions.
9 (a) A person convicted under federal or State law of any
10 offense which is classified as a felony by the law of the
11 jurisdiction involved and which has as an element the
12 possession, use, or distribution of a controlled substance,
13 as defined in Section 102(6) of the federal Controlled
14 Substances Act (21 U.S.C. 802(c)) shall be ineligible for
15 cash assistance provided under this Code. Persons convicted
16 of an offense under the Illinois Controlled Substances Act or
17 the Cannabis Control Act which is a Class X felony, or a
18 Class 1 felony, or comparable federal criminal law which has
19 as an element the possession, use, or distribution of a
20 controlled substance, as defined in Section 102(6) of the
21 federal Controlled Substances Act (21 U.S.C. 802(c)), shall
22 not be eligible for cash assistance provided under this Code.
23 (b) A person convicted under federal or State law of any
24 offense which is classified as a felony by the law of the
25 jurisdiction involved and which has as an element the
26 possession, use, or distribution of a controlled substance,
27 as defined in Section 102(6) of the federal Controlled
28 Substances Act (21 U.S.C. 802(c)) shall be ineligible for
29 food stamps provided under this Code. Persons convicted of
30 any other felony under the Illinois Controlled Substances Act
31 or the Cannabis Control Act which is not a Class X or Class 1
-2- LRB9007917SMdv
1 felony, or comparable federal criminal law which has as an
2 element the possession, use, or distribution of a controlled
3 substance, as defined in Section 102(6) of the federal
4 Controlled Substances Act (21 U.S.C. 802(c)), shall not be
5 eligible for cash assistance provided under this Code for 2
6 years from the date of conviction. This prohibition shall
7 not apply if the person is in a drug treatment program,
8 aftercare program, or similar program as defined by rule.
9 (c) Persons shall not be determined ineligible for food
10 stamps provided under this Code based upon a conviction of
11 any felony or comparable federal or State criminal law which
12 has an element the possession, use or distribution of a
13 controlled substance, as defined in Section 102(6) of the
14 federal Controlled Substance Act (21 U.S.C. 802(c)).
15 (Source: P.A. 90-17, eff. 7-1-97.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.