Bill Text: IL HB3407 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3407 Detail]

Download: Illinois-2021-HB3407-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3407 Introduced , 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.
LRB102 14785 KTG 20138 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3407 LRB102 14785 KTG 20138 b
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

HB3407 - 2 - LRB102 14785 KTG 20138 b
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

HB3407 - 3 - LRB102 14785 KTG 20138 b
$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

HB3407 - 4 - LRB102 14785 KTG 20138 b
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.