Text: H01324 Text: H01326 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 695 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 234.12, unnumbered paragraph 1 5 2, Code 1999, is amended to read as follows: 1 6 The provisions of the federal Personal 1 7 Responsibility and Work Opportunity Reconciliation Act 1 8 of 1996, Pub. L. No. 104-193, } 115, shallnotapply 1 9 to an applicant for or recipient of food stamp 1 10 benefits in this state who is subject to a court order 1 11 denying benefits under section 901.5, subsection 13, 1 12 relating to the manufacture or distribution of a 1 13 controlled substance. The applicant or recipient 1 14 shall be ineligible for food stamp benefits in 1 15 accordance with the terms of the court order. 1 16However, the department of human services may apply1 17contingent eligibility requirements as provided under1 18state law and allowed under federal law.1 19 The provisions of the federal Personal 1 20 Responsibility and Work Opportunity Reconciliation Act 1 21 of 1996, Pub. L. No. 104-193, } 115, do not apply to 1 22 an applicant or recipient of food stamp benefits who 1 23 is convicted under federal or state law of a felony 1 24 offense which has as an element the possession or use 1 25 of a controlled substance as defined in 21 U.S.C. } 1 26 802(6), or is convicted under federal law of a felony 1 27 offense which has as an element the manufacture or 1 28 distribution of such controlled substance. 1 29 Sec. . Section 239B.5, subsection 3, Code 1999, 1 30 is amended to read as follows: 1 31 3. a. The provisions of the federal Personal 1 32 Responsibility and Work Opportunity Reconciliation Act 1 33 of 1996, Pub. L. No. 104-193, } 115, shallnotapply 1 34 to an applicant or participant who is subject to a 1 35 court order denying benefits under section 901.5, 1 36 subsection 13, relating to the manufacture or 1 37 distribution of a controlled substance. The applicant 1 38 or participant shall be ineligible for cash assistance 1 39 under the family investment program in accordance with 1 40 the terms of the court order. Any cash assistance 1 41 payable to the applicant or participant's family shall 1 42 be paid to a protective payee as provided in section 1 43 239B.13 except that the two-year time period otherwise 1 44 applicable to the use of a protective payee shall not 1 45 apply. 1 46 b.However, unless exempt for good cause under1 47rules adopted by the department for this purpose,The 1 48 provisions of the federal Personal Responsibility and 1 49 Work Opportunity Reconciliation Act of 1996, Pub. L. 1 50 No. 104-193, } 115, shall not apply to an applicant or 2 1 participant convicted under federal or state law of a 2 2 felony offense, which has as an element the 2 3 possession,or use, or distributionof a controlled 2 4 substance, as defined in 21 U.S.C. } 802(6), or 2 5 convicted under federal law of a felony offense which 2 6 has as an element the manufacture or distribution of 2 7 such controlled substanceshall be required to2 8participate in drug rehabilitation activities or to2 9fulfill other requirements to verify that the2 10applicant or participant does not illegally possess,2 11use, or distribute a controlled substance. 2 12 Sec. . Section 239B.8, Code 1999, is amended by 2 13 adding the following new subsection: 2 14 NEW SUBSECTION. 7. CONTROLLED SUBSTANCES. Unless 2 15 exempt for good cause under rules adopted by the 2 16 department for this purpose, an applicant or 2 17 participant who is convicted under federal or state 2 18 law of a felony offense, which has as an element the 2 19 possession or use of a controlled substance, as 2 20 defined in 21 U.S.C. } 802(6), or is convicted under 2 21 federal law of a felony offense which has as an 2 22 element the manufacture or distribution of such 2 23 controlled substance, shall be required to participate 2 24 in drug rehabilitation activities or to fulfill other 2 25 requirements to verify that the applicant or 2 26 participant does not illegally possess or use a 2 27 controlled substance. 2 28 Sec. . Section 901.5, Code 1999, is amended by 2 29 adding the following new subsection: 2 30 NEW SUBSECTION. 13. In addition to any sentence 2 31 or other penalty imposed against the defendant for an 2 32 offense under chapter 124 which has as an element the 2 33 manufacture or distribution of a controlled substance, 2 34 the court shall consider the denial of federal food 2 35 stamp benefits, family investment program assistance, 2 36 or both, to the defendant, and may enter an order 2 37 specifying the period of time that the benefits or 2 38 assistance shall be denied to the defendant. The 2 39 supreme court may prescribe rules establishing 2 40 sentencing guidelines consistent with this subsection 2 41 and comparable to the guidelines for denial of federal 2 42 benefits in 21 U.S.C. } 862. The clerk of the 2 43 district court shall send a copy of any order issued 2 44 pursuant to this subsection to the department of human 2 45 services, which is required to deny benefits pursuant 2 46 to such an order. 2 47 Sec. . APPLICABILITY. The amendments in this 2 48 Act to sections 234.12, 239B.5, 239B.8, and 901.5 are 2 49 applicable to individuals convicted on or after July 2 50 1, 1999, under federal or state law, of a felony 3 1 offense occurring after August 22, 1996, which has as 3 2 an element the possession, use, manufacture, or 3 3 distribution of a controlled substance." 3 4 #2. By renumbering as necessary. 3 5 3 6 3 7 3 8 THOMSON of Linn 3 9 HF 695.201 78 3 10 jp/gg
Text: H01324 Text: H01326 Text: H01300 - H01399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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