HB0641ham002 98TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/19/2013

09800HB0641ham002 LRB098 03464 KTG 43555 a

AMENDMENT TO HOUSE BILL 641

AMENDMENT NO. ______. Amend House Bill 641 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Public Aid Code is amended by changing Section 1-10 as follows:

(305 ILCS 5/1-10)

Sec. 1-10. Drug convictions.

(a) Persons convicted of an offense under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act which is a Class X felony, or a Class 1 felony, or comparable federal criminal law which has as an element the possession, use, or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. 802(c)), shall not be eligible for cash assistance provided under this Code. The Department may exempt persons applying for cash assistance from this prohibition under the following circumstances:

(1) If the Class X or Class 1 felony conviction occurred 5 years prior to the date of application for cash assistance.

(2) If the person has no subsequent criminal conviction.

(3) If the person is satisfactorily serving a sentence of a period of probation or is in the process of completing or has completed mandatory participation in a drug or alcohol treatment program, or if the person has taken action towards rehabilitation, such as participation in a drug treatment program, aftercare program, or similar program as defined by rule.

(b) Persons convicted of any other felony under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act which is not a Class X or Class 1 felony, or comparable federal criminal law which has as an element the possession, use, or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. 802(c)), shall not be eligible for cash assistance provided under this Code for 2 years from the date of conviction. This prohibition shall not apply if the person is satisfactorily serving a sentence of a period of probation or is in the process of completing or has completed mandatory participation in a drug treatment program, or if the person has taken action towards rehabilitation, such as participation in a drug treatment program, aftercare program, or similar program as defined by rule.

(c) Persons shall not be determined ineligible for food stamps provided under this Code based upon a conviction of any felony or comparable federal or State criminal law which has an element the possession, use or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substance Act (21 U.S.C. 802(c)).

(Source: P.A. 94-556, eff. 9-11-05.)".