HOUSE BILL REPORT

HB 1339

BYRepresentatives H. Sommers, Armstrong, Baugher, Padden, Silver, Lewis, Sanders, Kremen, Braddock, Heavey, Zellinsky, Betrozoff, Peery, Bristow, Crane, Holm and K. Wilson 

Increasing penalties for the illegal transfer of food stamps.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (12)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt and Scott.

Minority Report:  Do not pass.  (1)

      Signed by Representative Locke.

House Staff:Jim Kelley (786-7779)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 2, 1988

BACKGROUND:

The current law in Washington is that any person who resells food stamps or food purchased with food stamps, and any person who knowingly purchases such resold stamps or food, is guilty of a crime. The crime is a gross misdemeanor if the face value of the transferred stamps or food is one hundred dollars or more.  The maximum punishment for a gross misdemeanor is imprisonment for one year and a fine of five thousand dollars.

The crime is a misdemeanor if the face value of the transferred stamps or food is less than one hundred dollars.  The maximum punishment for a misdemeanor is imprisonment for ninety days and a fine of one thousand dollars.

SUMMARY:

SUBSTITUTE BILL:  A person who sells legally obtained food stamps, or food purchased with legally obtained food stamps, is guilty of a gross misdemeanor if the face value of the food stamps or food is one hundred dollars or more. If the face value of the food stamps or food is less than one hundred dollars the crime is classified as a misdemeanor.

The punishment is greater for those who purchase, or who otherwise acquire and sell, food stamps which were issued to another person. The crime is a class C felony if the face value of the transferred stamps is one hundred dollars or more.  The maximum punishment for a class C felony is imprisonment for five years and a fine of ten thousand dollars.  On the sentencing grid this is a seriousness level I crime.  For a first time offender, convicted of a level I crime, the sentencing guidelines provide for a presumptive sentence of zero to sixty days.  In addition to the acts prohibited by current law, a person who presents food stamps for redemption knowing the same to have been received, transferred, or used in any manner in violation of federal law is guilty of a felony if the face value of the food stamps is one hundred dollars or more.

If the face value of the food stamps is less than one hundred dollars the crime of purchasing or trafficking in food stamps issued to another person is a gross misdemeanor.  Likewise, the crime of presenting food stamps for redemption knowing the stamps to have been used in violation of federal law is a gross misdemeanor if the face value of the food stamps is less than one hundred dollars.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill classifies the crime of selling legally obtained food stamps as either a gross misdemeanor or a misdemeanor, instead of classifying it as either a felony or a gross misdemeanor.  The substitute bill and the original bill increase the punishment for the act of obtaining and selling food stamps issued to another person, making the crime a felony or a gross misdemeanor. The substitute removes the culpability requirement, a knowing state of mind, from the elements of the crime of an illegal purchase as opposed to the original which required a knowing state of mind. Additionally, the substitute criminalizes the act of presenting for redemption food stamps which were illegally obtained.  The threshold dollar amount distinguishing the more serious crimes from the less serious crimes is set at one hundred dollars in the substitute instead of two hundred and fifty dollars in the original.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Bernice Morehead, DSHS.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill brings state law closer in line with federal law.

House Committee - Testimony Against:      None Presented.