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words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 633
BY SENATORS JOHNS AND NEVERS
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 amend the crime of unauthorized3
use of food stamp coupons, authorization cards, or access devices; to change all4
references to "supplemental nutrition assistance program benefits"; to amend5
criminal penalties; to create the crime of failure to report the unauthorized use of6
supplemental nutrition assistance program benefits; to provide for definitions; to7
provide for penalties; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 14:68.2 is hereby amended and reenacted and R.S. 14:68.2.1 is10
hereby enacted to read as follows: 11
§68.2. Unauthorized use of food stamp coupons supplemental nutrition assistance12
program benefits, food stamp authorization cards, or food stamp13
supplemental nutrition assistance program benefit access devices14
A. As used in this Section and in R.S. 14:68.2.1, the following terms have15
the following meanings: 16
(1) "Food stamp coupon" "SNAP benefits" means any coupon, stamp, or17
type of certificate supplemental nutrition assistance program benefits issued18
pursuant to the provisions of the Federal Food Stamp Act, 7 USC §2011 et seq.19
(2) "Food stamp authorization card" means the document issued by the20
Department of Children and Family Services to an eligible household which shows21
the allotment of food stamp coupons the household is entitled to be issued.22
(3) "Food stamp access device" "SNAP benefit access device" means any23
card, plate, code account access number, or other means of access that can be used,24 SB NO. 633 ENROLLED
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words in boldface type and underscored are additions.
alone or in conjunction with another access device, to obtain payment, allotments,1
benefits, money, goods, or other things of value or that can be used to initiate a2
transfer of funds pursuant to the provisions of the Federal Food Stamp Act. 3
B. The unauthorized use of food stamp coupons, food stamp authorization4
cards, or food stamp access devices SNAP benefits or a SNAP benefit access5
device is:6
(1) To knowingly use, transfer, acquire, alter, or possess food stamp coupons,7
food stamp authorization cards, or food stamp access devices SNAP benefits or a8
SNAP benefit access device contrary to the provisions of the Federal Food Stamp9
Act or the federal or state regulations issued pursuant thereto.10
(2) To knowingly counterfeit, alter, transfer, acquire, or possess a11
counterfeited or altered food stamp coupons, food stamp authorization cards, or food12
stamp access devices SNAP benefit access device.13
(3) To present or cause to be presented food stamp coupons a SNAP benefit14
access device for payment or redemption, knowing the same it to have been15
counterfeited, altered, received, transferred, or used in any manner contrary to the16
provisions of the Federal Food Stamp Act or the federal or state regulations issued17
pursuant thereto.18
(4) To knowingly appropriate food stamp coupons, food stamp authorization19
cards, or food stamp access devices SNAP benefits or a SNAP benefit access20
device with which a person has been entrusted or of which a person has gained21
possession by virtue of his position as a public employee.22
C.(1) Whoever commits the crime of unauthorized use of food stamp23
coupons, food stamp authorization cards, or food stamp access devices SNAP24
benefits or a SNAP benefit access device when the coupons, authorization cards,25
or access devices amount to a value of one thousand five hundred dollars or more26
shall be imprisoned, with or without hard labor, for not more than ten years, or may27
be fined not more than three thousand dollars, or both shall be fined not less than28
five thousand dollars nor more than one million dollars or imprisoned, with or29
without hard labor, for not less than six months nor more than ten years, or30 SB NO. 633 ENROLLED
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words in boldface type and underscored are additions.
both.1
(2) When the coupons, authorization cards, or access devices amount to a2
value of five hundred dollars or more, but less than one thousand five hundred3
dollars, the offender shall be imprisoned, with or without hard labor, for not more4
than five years or may be fined not more than two thousand dollars, or both.5
(3) When the coupons, authorization cards, or access devices amount to less6
than a value of five hundred dollars, the offender shall be imprisoned for not more7
than six months or may be fined not more than five hundred dollars, or both.8
D. If the offender in such cases has been convicted under this Section two or9
more times previously, upon any subsequent conviction he shall be imprisoned, with10
or without hard labor, for not more than two years, or may be fined not more than11
one thousand dollars, or both.12
E. D. In addition to the foregoing penalties, a person convicted under this13
Section shall be ordered to make restitution in the total amount found to be the value14
of the coupons which SNAP benefits that form the basis for the conviction. If a15
person ordered to make restitution pursuant to this Section is found to be indigent16
and therefore unable to make restitution in full at the time of conviction, the court17
shall order a periodic payment plan consistent with the person's financial ability.18
§68.2.1. Failure to report unauthorized use of supplemental nutrition assistance19
program benefits; penalties20
A. Employees of the Department of Children and Family Services,21
owners, employees and operators of retailers that accept SNAP benefit access22
device transactions, and adult household members of SNAP recipients shall23
report each instance of known fraud or abuse of SNAP benefits, or any known24
unauthorized use of SNAP benefits or a SNAP benefit access device as defined25
in R.S. 14:68.2, to the fraud detection section, office of children and family26
services of the Department of Children and Family Services via the Public27
Assistance Fraud Hot-Line as provided for by R.S. 46:114.1.28
B. Whoever violates the provisions of Subsection A of this Section shall29
be fined not less than two hundred fifty dollars nor more than five thousand30 SB NO. 633 ENROLLED
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dollars.1
Section 2. This Act shall become effective January 1, 2013.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: