102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0088
 
Introduced 1/14/2021, 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 
11a Class 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 
9an element 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.)