HOUSE DOCKET, NO. 3509        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2861

The Commonwealth of Massachusetts

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PRESENTED BY:

Timothy J. Toomey, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to food stamp trafficking.

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PETITION OF:

HOUSE DOCKET, NO. 3509        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2861

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to food stamp trafficking.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 18 of the General Laws is hereby amended by inserting after section 5H the following new section:  

Section 5 I Food Stamp Trafficking

(a)Any approved retail food store or wholesale food concern as defined by U.S.C. § 2018(a), that knowingly uses, transfers, acquires, alters or possesses an Electronic Benefit Transfer card, or access devices in any manner not authorized by the federal food stamp act (7 U.S.C § 2011 et seq.) or regulations issued pursuant to the Food Stamp Act, or who presents for payment or redemption of an EBT card that has been illegally received, transferred, used or altered shall:

(1) If such benefits are of a value of $5,000 or more, be guilty of a felony and shall be fined not more than $250,000 or imprisoned for not more than twenty years, or both.

(2) If such benefits are of a value of $100 or more, but less than $5,000, or if the item used, transferred, acquired, altered, or possessed is a benefit that has a value of $100 or more, but less than $5,000, be guilty of a felony and shall, upon the first conviction thereof, be fined not more than $10,000 or imprisoned for not more than five years, or both, and, upon the second and any subsequent conviction thereof, shall be imprisoned for not less than six months nor more than five years and may also be fined not more than $10,000.

(3) If such benefits are of a value of less than $100, or if the item used, transferred, acquired, altered, or processed is a benefit that has a value of less than $100, shall be guilty of a misdemeanor, and, upon the first conviction thereof, shall be fined not more than $1,000 or imprisoned for not more than one year, or both, and upon the second and any subsequent conviction thereof, shall be imprisoned for not more than one year and may also be fined not more than $1,000. In addition to such penalties, any person convicted of a felony or misdemeanor violation under this subsection may be suspended by the court from participation in the supplemental nutrition assistance program for an additional period of up to eighteen months consecutive to that period of suspension mandated by 7U.S.C. 2015 (b)(1).

(b) Criminal Forfeiture; In imposing a sentence on a person convicted of an offense in violation of subsection (a) of this section, a court shall order, in addition to any other sentence imposed under this section, that the person forfeit to the United States all property described in paragraph (1).

(1)Property subject to forfeiture; All property, real and personal, used in a transaction or attempted transaction, to commit, or to facilitate the commission of, a violation (other than a misdemeanor) of subsection (a) of this section, or proceeds traceable to a violation of subsection (a) of this section.

(2)The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used:

(a) first, to reimburse any Federal or State law enforcement agency for any cost incurred in the law enforcement effort resulting in the forfeiture; and

(b) second, by any entity carrying out the approval, reauthorization, and compliance investigations of retail stores and wholesale food concerns.

(3)  No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner.