S-0394.2

SENATE BILL 5531

BySenator Padden

AN ACT Relating to establishing criminal penalties for unauthorized use, presentation, transfer, or acquisition of supplemental nutrition assistance program benefits; amending RCW 9.91.140, 9.91.142, and 9.91.144; adding a new section to chapter 9.91 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 9.91 RCW to read as follows:

A person who knowingly uses, presents, transfers, acquires, or possesses unauthorized supplemental nutrition assistance program benefits as defined by federal law, Title 7 U.S.C. Sec. 2011 et seq., is guilty of the following:

(1) A class C felony punishable according to chapter 9A.20 RCW if the face value of the benefits exceeds seven hundred fifty dollars; or

(2) A gross misdemeanor if the face value of the benefits is seven hundred fifty dollars or less.

Sec. 2. RCW 9.91.140 and 2003 c 53 s 49 are each amended to read as follows:

A person who sells ((food stamps))supplemental nutrition assistance program benefits obtained through the program established under RCW 74.04.500 ((or food stamp benefits transferred electronically)), or food purchased therewith, is guilty of the following:

(1) A gross misdemeanor if the value of the ((stamps,)) benefits((,)) or food transferred exceeds ((one hundred))seven hundred fifty dollars; or

(2) A misdemeanor if the value of the ((stamps,)) benefits((,)) or food transferred is ((one hundred))seven hundred fifty dollars or less.

Sec. 3. RCW 9.91.142 and 2003 c 53 s 50 are each amended to read as follows:

A person who purchases, or who otherwise acquires and sells, or who traffics in, ((food stamps))supplemental nutrition assistance program benefits as defined by ((the)) federal ((food stamp act, as amended,))law, Title 7 U.S.C. Sec. 2011 et seq., ((or food stamp benefits transferred electronically,)) is guilty of the following:

(1) A class C felony punishable according to chapter 9A.20 RCW if the face value of the ((stamps or)) benefits exceeds ((one hundred))seven hundred fifty dollars; or

(2) A gross misdemeanor if the face value of the ((stamps or)) benefits is ((one hundred))seven hundred fifty dollars or less.

Sec. 4. RCW 9.91.144 and 2003 c 53 s 51 are each amended to read as follows:

A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains and presents ((food stamps))supplemental nutrition assistance program benefits as defined by ((the)) federal ((food stamp act, as amended,))law, Title 7 U.S.C. Sec. 2011 et seq., ((or food stamp benefits transferred electronically,)) for redemption or causes such ((stamps or)) benefits to be presented for redemption through the program established under RCW 74.04.500 is guilty of a class C felony punishable according to chapter 9A.20 RCW.

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