100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0263

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/1-10

    Amends the Illinois Public Aid Code. Provides that persons shall not be determined ineligible for cash assistance provided under the Temporary Assistance for Needy Families program based upon a conviction for any drug-related felony under State or federal law.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 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
9Controlled Substances Act, the Cannabis Control Act, or the
10Methamphetamine Control and Community Protection Act which is a
11Class X felony, or a Class 1 felony, or comparable federal
12criminal law which has as an element the possession, use, or
13distribution of a controlled substance, as defined in Section
14102(6) of the federal Controlled Substances Act (21 U.S.C.
15802(c)), shall not be eligible for cash assistance provided
16under this Code.
17    (b) Persons convicted of any other felony under the
18Illinois Controlled Substances Act, the Cannabis Control Act,
19or the Methamphetamine Control and Community Protection Act
20which is not a Class X or Class 1 felony, or comparable federal
21criminal law which has as an element the possession, use, or
22distribution of a controlled substance, as defined in Section
23102(6) of the federal Controlled Substances Act (21 U.S.C.

 

 

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1802(c)), shall not be eligible for cash assistance provided
2under this Code for 2 years from the date of conviction. This
3prohibition shall not apply if the person is in a drug
4treatment program, aftercare program, or similar program as
5defined by rule.
6    (c) Persons shall not be determined ineligible for food
7stamps provided under this Code based upon a conviction of any
8felony or comparable federal or State criminal law which has an
9element the possession, use or distribution of a controlled
10substance, as defined in Section 102(6) of the federal
11Controlled Substances Act (21 U.S.C. 802(c)).
12    (d) Notwithstanding any other provision of this Section to
13the contrary, persons shall not be determined ineligible for
14cash assistance provided under Article IV of this Code based
15upon a conviction for any drug-related felony under State or
16federal law.
17(Source: P.A. 98-756, eff. 7-16-14.)