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Regular Session, 2012
SENATE BILL NO. 633
BY SENATOR JOHNS
CRIME/PUNISHMENT. Provides for the crime of unauthorized use of supplemental
nutrition assistance program (SNAP) benefits and penalties. (1/1/13)
AN ACT1
To amend and reenact R.S. 14:68.2 and to enact R.S. 14:68.2.1, relative to crimes involving2
the supplemental nutrition assistance program; to create the crime of unauthorized3
use of supplemental nutrition assistance program benefits or supplemental nutrition4
assistance program benefit access devices and the crime of failure to report5
unauthorized use of supplemental nutrition assistance program benefits; to provide6
for definitions; to provide for penalties; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 14:68.2 is hereby amended and reenacted and R.S. 14:68.2.1 is9
hereby enacted to read as follows: 10
§68.2. Unauthorized use of food stamp coupons supplemental nutrition assistance11
program benefits, food stamp authorization cards, or food stamp12
supplemental nutrition assistance program benefit access devices13
A. As used in this Section the following terms have the following meanings:14
(1) "Food stamp coupon" "SNAP benefits" means any coupon, stamp, or15
type of certificate supplemental nutrition assistance program benefits issued16
pursuant to the provisions of the Federal Food Stamp Act, 7 USC §2011 et seq.17 SB NO. 633
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(2) "Food stamp authorization card" means the document issued by the1
Department of Children and Family Services to an eligible household which shows2
the allotment of food stamp coupons the household is entitled to be issued.3
(3) "Food stamp access device" "SNAP benefit access device" means any4
card, plate, code account access number, or other means of access that can be used,5
alone or in conjunction with another access device, to obtain payment, allotments,6
benefits, money, goods, or other things of value or that can be used to initiate a7
transfer of funds pursuant to the provisions of the Federal Food Stamp Act. 8
B. The unauthorized use of food stamp coupons, food stamp authorization9
cards, or food stamp access devices SNAP benefits or a SNAP benefit access10
devices is:11
(1) To knowingly use, transfer, acquire, alter, or possess food stamp coupons,12
food stamp authorization cards, or food stamp access devices SNAP benefits or a13
SNAP benefit access device contrary to the provisions of the Federal Food Stamp14
Act or the federal or state regulations issued pursuant thereto.15
(2) To knowingly counterfeit, alter, transfer, acquire, or possess a16
counterfeited or altered food stamp coupons, food stamp authorization cards, or food17
stamp access devices SNAP benefit access device.18
(3) To present or cause to be presented food stamp coupons a SNAP benefit19
access device for payment or redemption, knowing the same to have been20
counterfeited, altered, received, transferred, or used in any manner contrary to the21
provisions of the Federal Food Stamp Act or the federal or state regulations issued22
pursuant thereto.23
(4) To knowingly appropriate food stamp coupons, food stamp authorization24
cards, or food stamp access devices SNAP benefits or a SNAP benefit access25
device with which a person has been entrusted or of which a person has gained26
possession by virtue of his position as a public employee.27
C.(1) Whoever commits the crime of unauthorized use of food stamp28
coupons, food stamp authorization cards, or food stamp access devices SNAP29 SB NO. 633
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benefits or a SNAP benefit access device when the coupons, authorization cards,1
or access devices amount to a value of one thousand five hundred dollars or more2
shall be imprisoned, with or without hard labor, for not more than ten years, or may3
be fined not more than three thousand dollars, or both shall be fined not less than4
five thousand dollars nor more than one million dollars or imprisoned, with or5
without hard labor, for not less than six months nor more than ten years, or6
both.7
(2) When the coupons, authorization cards, or access devices amount to a8
value of five hundred dollars or more, but less than one thousand five hundred9
dollars, the offender shall be imprisoned, with or without hard labor, for not more10
than five years or may be fined not more than two thousand dollars, or both.11
(3) When the coupons, authorization cards, or access devices amount to less12
than a value of five hundred dollars, the offender shall be imprisoned for not more13
than six months or may be fined not more than five hundred dollars, or both.14
D. If the offender in such cases has been convicted under this Section two or15
more times previously, upon any subsequent conviction he shall be imprisoned, with16
or without hard labor, for not more than two years, or may be fined not more than17
one thousand dollars, or both.18
E. D. In addition to the foregoing penalties, a person convicted under this19
Section shall be ordered to make restitution in the total amount found to be the value20
of the coupons which SNAP benefits that form the basis for the conviction. If a21
person ordered to make restitution pursuant to this Section is found to be indigent22
and therefore unable to make restitution in full at the time of conviction, the court23
shall order a periodic payment plan consistent with the person's financial ability.24
§68.2.1. Failure to report unauthorized use of supplemental nutrition assistance25
program benefits; penalties26
A. Employees of the Department of Children and Family Services,27
owners, employees and operators of retailers that accept SNAP benefit access28
device transactions, and adult household members of SNAP recipients shall29 SB NO. 633
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report any instances of known fraud or abuse of SNAP benefits to the fraud and1
recovery section of the Department of Children and Family Services via the2
Public Assistance Fraud Hot-Line as provided for by R.S. 46:114.1.3
B. Whoever violates the provisions of Subsection A of this Section shall4
be fined not less than two hundred fifty dollars nor more than five thousand5
dollars. In addition, the person shall be subject to prosecution under R.S.6
14:68.2 for failure to report unauthorized use of SNAP program benefits.7
Section 2. This Act shall become effective January 1, 2013.8
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides for the crime of unauthorized use of food stamp coupons, food stamp
authorization cards, or food stamp access devices.
Present law provides the following definitions:
1. "Food stamp coupon" means any coupon, stamp, or type of certificate issued
pursuant to the provisions of the Federal Food Stamp Act.
2. "Food stamp authorization card" means the document issued by the Dept. of
Children and Family Services to an eligible household, which shows the allotment
of food stamp coupons the household is entitled to be issued.
3. "Food stamp access device" means any card, plate, code account access number, or
other means of access that can be used, alone or in conjunction with another access
device, to obtain payment, allotments, benefits, money, goods, or other things of
value or that can be used to initiate a transfer of funds pursuant to the provisions of
the Federal Food Stamp Act.
Present law provides that the crime of unauthorized use of food stamp coupons, food stamp
authorization cards, or food stamp access devices is any of the following:
1. To knowingly use, transfer, acquire, alter, or possess food stamp coupons, food
stamp authorization cards, or food stamp access devices contrary to the provisions
of the Federal Food Stamp Act or the federal or state regulations issued pursuant
thereto.
2. To knowingly counterfeit, alter, transfer, acquire, or possess counterfeited or altered
food stamp coupons, food stamp authorization cards, or food stamp access devices.
3. To present or cause to be presented food stamp coupons for payment or redemption,
knowing the same to have been counterfeited, altered, received, transferred, or used
in any manner contrary to the provisions of the Federal Food Stamp Act or the
federal or state regulations issued pursuant thereto.
4. To knowingly appropriate food stamp coupons, food stamp authorization cards, or
food stamp access devices with which a person has been entrusted or of which a SB NO. 633
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person has gained possession by virtue of his position as a public employee.
Proposed law changes the crime of "unauthorized use of food stamp coupons, food stamp
authorization cards, or food stamp access devices" to "unauthorized use of supplemental
nutrition assistance program benefits or supplemental nutrition assistance program benefit
devices."
Proposed law changes the applicability of and definitions relative to present law from "food
stamp coupons," "food stamp authorization cards," and "food stamp access devices" to
"supplemental nutrition assistance program benefits" and "supplemental nutrition assistance
program benefit access devices."
Proposed law otherwise retains present law.
Present law provides that whoever commits the crime of unauthorized use of food stamp
coupons, food stamp authorization cards, or food stamp access devices when the coupons,
authorization cards, or access devices amount to a value of $1,500 or more is to be
imprisoned, with or without hard labor, for not more than 10 years, or fined not more than
$3,000, or both.
Present law provides that when the coupons, authorization cards, or access devices amount
to a value of $500 or more but less than $1,500, the offender is to be imprisoned, with or
without hard labor, for not more than five years, or fined not more than $2,000, or both.
Present law provides that when the coupons, authorization cards, or access devices amount
to less than a value of $500, the offender is to be imprisoned for not more than six months,
or fined not more than $500, or both.
Present law provides that if the offender has been convicted under present law two or more
times previously, upon any subsequent conviction he is to be imprisoned, with or without
hard labor, for not more than two years, or fined not more than $1,000, or both.
Proposed law deletes these present law penalties, and further provides that whoever commits
the crime of unauthorized use of SNAP benefits or a SNAP benefit access device is to be
fined not less than $5,000 nor more than $1,000,000, or imprisoned, with or without hard
labor, for not less than six months nor more than 10 years, or both.
Present law provides that in addition to these present law penalties, a person convicted under
present law is to make restitution in the total amount found to be the value of the coupons
that form the basis for the conviction. Present law further provides that if a person ordered
to make restitution is found to be indigent and therefore unable to make restitution in full at
the time of conviction, the court is to order a periodic payment plan consistent with the
person's financial ability.
Proposed law changes the reference in present law from "coupons" to "SNAP benefits."
Proposed law otherwise retains present law.
Proposed law creates the crime of failure to report unauthorized use of supplemental
nutrition assistance program benefits.
Proposed law provides that employees of the Dept. of Children and Family Services, owners,
employees and operators of retailers that accept SNAP benefit access device transactions,
and adult household members of SNAP recipients must report any instances of known fraud
or abuse of SNAP benefits to the fraud and recovery section of the Dept. of Children and
Family Services via the Public Assistance Fraud Hot-Line as provided for by present law.
Proposed law provides that whoever violates the provisions of proposed law is to be fined SB NO. 633
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not less than $250 nor more than $5,000, and in addition, the person is subject to prosecution
under present law for failure to report unauthorized use of SNAP program benefits.
Effective January 1, 2013.
(Amends R.S. 14:68.2; adds R.S. 14:68.2.1)