BILL NUMBER: AB 2504 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Audra Strickland
FEBRUARY 19, 2010
An act to amend Section 10980 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2504, as amended, Audra Strickland. CalWORKs eligibility:
fraudulent representations: fines.
Existing federal law provides for allocation of federal funds
through the federal Temporary Assistance for Needy Families (TANF)
block grant program to eligible states. Existing law provides for the
California Work Opportunity and Responsibility to Kids (CalWORKs)
program for the allocation of federal funds received through the TANF
program, under which each county provides cash assistance and other
benefits to qualified low-income families and individuals who meet
specified eligibility criteria.
Existing law establishes criminal penalties, including the
imposition of specified fines, for violation of certain provisions
relating to, among other offenses, willfully and knowingly making a
false statement or failing to disclose a material fact in order to
obtain designated public social services, including the CalWORKs
program benefits.
This bill, when an applicant or recipient commits specified
offenses in connection with applying for or receiving CalWORKs
benefits, would require that the fine applicable under existing law
be doubled, and would require the additional amount collected as
required by the bill be paid to the county treasurer in the county in
which the judgment is entered. The bill would require the county
treasurer to deposit half of the amount received pursuant to the bill
into the county general fund and the other half into the appropriate
account for the benefit of the county district attorney's office
or the county's Special Investigative Unit (SIU) established for
the purpose of investigating welfare fraud .
By changing the penalty for certain crimes, and by increasing
duties of county treasurers, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10980 of the Welfare and Institutions Code is
amended to read:
10980. (a) Any person who, willfully and knowingly, with the
intent to deceive, makes a false statement or representation or
knowingly fails to disclose a material fact in order to obtain aid
under the provisions of this division or who, knowing he or she is
not entitled thereto, attempts to obtain aid or to continue to
receive aid to which he or she is not entitled, or to receive a
larger amount than that to which he or she is legally entitled, is
guilty of a misdemeanor, punishable by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
(b) Any person who knowingly makes more than one application for
aid under the provisions of this division with the intent of
establishing multiple entitlements for any person for the same period
or who makes an application for that aid for a fictitious or
nonexistent person or by claiming a false identity for any person is
guilty of a felony, punishable by imprisonment in the state prison
for a period of 16 months, two years, or three years, by a fine of
not more than five thousand dollars ($5,000), or by both that
imprisonment and fine; or by imprisonment in the county jail for a
period of not more than one year, or by a fine of not more than one
thousand dollars ($1,000), or by both imprisonment and fine.
(c) Whenever any person has, willfully and knowingly, with the
intent to deceive, by means of false statement or representation, or
by failing to disclose a material fact, or by impersonation or other
fraudulent device, obtained or retained aid under the provisions of
this division for himself or herself or for a child not in fact
entitled thereto, the person obtaining this aid shall be punished as
follows:
(1) If the total amount of the aid obtained or retained is nine
hundred fifty dollars ($950) or less, by imprisonment in the county
jail for a period of not more than six months, by a fine of not more
than five hundred dollars ($500), or by both imprisonment and fine.
(2) If the total amount of the aid obtained or retained is more
than nine hundred fifty dollars ($950), by imprisonment in the state
prison for a period of 16 months, two years, or three years, by a
fine of not more than five thousand dollars ($5,000), or by both that
imprisonment and fine; or by imprisonment in the county jail for a
period of not more than one year, by a fine of not more than one
thousand dollars ($1,000), or by both imprisonment and fine.
(d) Any person who knowingly uses, transfers, acquires, or
possesses blank authorizations to participate in the federal
Supplemental Nutrition Assistance Program in any manner not
authorized by Chapter 10 (commencing with Section 18900) of Part 6
with the intent to defraud is guilty of a felony, punishable by
imprisonment in the state prison for a period of 16 months, two
years, or three years, by a fine of not more than five thousand
dollars ($5,000), or by both that imprisonment and fine.
(e) Any person who counterfeits or alters or knowingly uses,
transfers, acquires, or possesses counterfeited or altered
authorizations to participate in the federal Supplemental Nutrition
Assistance Program or to receive food stamps or electronically
transferred benefits in any manner not authorized by the Food Stamp
Act of 1964 (Public Law 88-525 and all amendments thereto) or the
Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) or the
federal regulations pursuant to the act is guilty of forgery.
(f) Any person who fraudulently appropriates food stamps,
electronically transferred benefits, or authorizations to participate
in the federal Supplemental Nutrition Assistance Program with which
he or she has been entrusted pursuant to his or her duties as a
public employee is guilty of embezzlement of public funds.
(g) Any person who knowingly uses, transfers, sells, purchases, or
possesses food stamps, electronically transferred benefits, or
authorizations to participate in the federal Supplemental Nutrition
Assistance Program in any manner not authorized by Chapter 10
(commencing with Section 18900), of Part 6, or by the federal Food
Stamp Act of 1977 (Public Law 95-113 and all amendments thereto) or
the Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2011 et seq.) (1)
is guilty of a misdemeanor if the face value of the food stamp
benefits or the authorizations to participate is nine hundred fifty
dollars ($950) or less, and shall be punished by imprisonment in the
county jail for a period of not more than six months, by a fine of
not more than five hundred dollars ($500), or by both imprisonment
and fine, or (2) is guilty of a felony if the face value of the food
stamps or the authorizations to participate exceeds nine hundred
fifty dollars ($950), and shall be punished by imprisonment in the
state prison for a period of 16 months, two years, or three years, by
a fine of not more than five thousand dollars ($5,000), or by both
that imprisonment and fine, or by imprisonment in the county jail for
a period of not more than one year, or by a fine of not more than
one thousand dollars ($1,000), or by both imprisonment and fine.
(h) (1) If the violation of subdivision (f) or (g) is committed by
means of an electronic transfer of benefits, in addition and
consecutive to the penalties for the violation, or attempted
violation, of those subdivisions, the court shall impose the
following punishment:
(A) If the electronic transfer of benefits exceeds fifty thousand
dollars ($50,000), an additional term of one year in state prison.
(B) If the electronic transfer of benefits exceeds one hundred
fifty thousand dollars ($150,000), an additional term of two years in
state prison.
(C) If the electronic transfer of benefits exceeds one million
dollars ($1,000,000), an additional term of three years in state
prison.
(D) If the electronic transfer of benefits exceeds two million
five hundred thousand dollars ($2,500,000), an additional term of
four years.
(2) In any accusatory pleading involving multiple charges of
violations of subdivision (f) or (g), or both, committed by means of
an electronic transfer of benefits, the additional terms provided in
paragraph (1) may be imposed if the aggregate losses to the victims
from all violations exceed the amounts specified in this paragraph
and arise from a common scheme or plan.
(i) A person who is punished by an additional term of imprisonment
under another provision of law for a violation of subdivision (f) or
(g) shall not receive an additional term of imprisonment under
subdivision (h).
(j) Notwithstanding any other provision of this section, the
amount of a fine imposed pursuant to subdivision (a), (b), or (c),
with respect to benefits under Chapter 2 (commencing with Section
11200) of Part 3, shall be doubled in accordance with this
subdivision. The additional amount collected pursuant to this
subdivision shall be paid to the county treasurer in the county in
which the judgment is entered, and the county treasurer shall deposit
half of the amount received pursuant to this subdivision into the
county general fund, and half into the appropriate fund or account
for the benefit of the county district attorney's office or the
county's Special Investigative Unit (SIU) established for the purpose
of investigating welfare fraud .
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.