PRIOR PRINTER'S NOS. 218, 1587, 2861
PRINTER'S NO. 2946
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
222
Session of
2015
INTRODUCED BY REGAN, SACCONE, BAKER, PICKETT, MILLARD, BARRAR,
LONGIETTI, JAMES, REESE, BOBACK, D. COSTA, SAYLOR, TOEPEL,
KNOWLES, TOPPER, KAUFFMAN, SANKEY, EMRICK, GABLER,
HICKERNELL, A. HARRIS, O'NEILL, BARBIN, READSHAW, MAJOR,
MURT, FEE, ZIMMERMAN, MASSER, TALLMAN, MARSICO, DeLUCA,
KORTZ, PEIFER, DAY, GILLEN, SIMMONS, METCALFE, TRUITT, MOUL,
ROZZI, PHILLIPS-HILL AND ENGLISH, JANUARY 27, 2015
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 14, 2016
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in public assistance,
prohibiting eligibility for individuals convicted of drug
distribution.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 432.25. Eligibility for Individuals Convicted of
Drug Distribution.--(a) (1) Notwithstanding sections 405.1 and
432.24, TO THE EXTENT PERMITTED BY FEDERAL LAW, no individual
who, after the effective date of this section, has been
convicted under section 13(a)(14), (30) or (37) of the act of
April 14, 1972 (P.L.233, No.64), known as "The Controlled
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Substance, Drug, Device and Cosmetic Act," when the amount of
controlled substances involved is equivalent to or greater than
the amount of controlled substances set forth in 18 Pa.C.S. §
7508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)
(iii) (relating to drug trafficking sentencing and penalties)
while receiving public assistance shall be eligible for public
assistance unless:
(i) the individual is complying with or has already complied
with the obligations imposed by the criminal court; and
(ii) the individual is actively engaged in or has completed
a court-ordered substance abuse treatment program and
participates in periodic drug tests for ten years after the
drug-related conviction or for the duration of probation,
whichever is of longer duration.
(2) Upon a second or subsequent conviction under section
13(a)(14), (30) or (37) of "The Controlled Substance, Drug,
Device and Cosmetic Act," when the amount of controlled
substances involved is equivalent to or greater than the amount
of controlled substances set forth in 18 Pa.C.S. § 7508(a)(1)
(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii), the
individual shall no longer be eligible for public assistance.
(b) An individual who takes a drug test pursuant to
subsection (a)(1)(ii) and fails the test shall be subject to the
following sanctions:
(1) For failing a drug test the first time, an individual
shall be provided an assessment for addiction and provided
treatment for addiction as indicated by treatment criteria
developed by the Single State Authority on Drugs and Alcohol.
Assessments shall be conducted by the Single County Authority
(SCA) on Drugs and Alcohol or a designee. Treatment recommended
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shall be provided by facilities licensed by the Division of Drug
and Alcohol Program Licensure in the Department of Drug and
Alcohol Programs. Medicaid eligibility and determinations shall
be expedited to ensure access to assessment and addiction
treatment through Medicaid. If the individual cooperates with
the assessment and treatment, no penalty shall be imposed. If
the individual refuses to cooperate with the assessment and
treatment, the public assistance shall be suspended for six
months. The department must notify the individual of the failed
drug test no later than seven days after receipt of the drug
test results, and the suspension in public assistance will begin
on the next scheduled distribution of public assistance and for
every other distribution of public assistance until the
suspension period lapses. After suspension, an individual may
apply for public assistance, but shall submit to a retest.
(2) For failing a drug test or retest the second time, the
individual shall no longer be entitled to public assistance.
(c) Nothing in this section shall be construed to render
applicants or recipients who fail a drug test or drug retest
ineligible for:
(1) a Commonwealth program that pays the costs for
participating in a drug treatment program;
(2) a medical assistance program; or
(3) another benefit not included within the definition of
public assistance as defined under subsection (f).
(d) Notwithstanding any other provision in this section, the
department shall, in its sole discretion, determine when it is
cost effective to implement the provisions of this section.
(e) This section shall not apply to benefits which are
afforded to the minor children of those individuals who are
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denied eligibility to receive public assistance benefits under
subsection (a).
(f) As used in this section, the term "public assistance"
means Temporary Assistance to Needy Families (TANF), general
assistance and State supplemental assistance.
Section 2. This act shall take effect in 60 days.
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