HB0641ham001 98TH GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/11/2013

09800HB0641ham001 LRB098 03464 KTG 42742 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.

(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, but not limited to, 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.)".