Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1401
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
5880S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 208.247, RSMo, and to enact in lieu thereof one new section relating to the
supplemental nutrition assistance program.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 208.247, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 208.247, 2
to read as follows:3
208.247. [1. Pursuant to the option granted the state 1
by 21 U.S.C. Section 862a(d), an individual who has pled 2
guilty or nolo contendere to or is found guilty under 3
federal or state law of a felony involving possession or use 4
of a controlled substance shall be exempt from the 5
prohibition contained in 21 U.S.C. Section 862a(a) against 6
eligibility for food stamp program benefits for such 7
convictions, if such person, as determined by the department: 8
(1) Meets one of the following criteria: 9
(a) Is currently successfully participating in a 10
substance abuse treatment program approved by the division 11
of alcohol and drug abuse within the department of mental 12
health; or 13
(b) Is currently accepted for treatment in and 14
participating in a substance abuse treatment program 15
approved by the division of alcohol and drug abuse, but is 16
subject to a waiting list to receive available treatment, 17
SB 1401 2
and the individual remains enrolled in the treatment program 18
and enters the treatment program at the first available 19
opportunity; or 20
(c) Has satisfactorily completed a substance abuse 21
treatment program approved by the division of alcohol and 22
drug abuse; or 23
(d) Is determined by a division of alcohol and drug 24
abuse certified treatment provider not to need substance 25
abuse treatment; and 26
(2) Is successfully complying with, or has already 27
complied with, all obligations imposed by the court, the 28
division of alcohol and drug abuse, and the division of 29
probation and parole; and 30
(3) Does not plead guilty or nolo contendere to or is 31
not found guilty of an additional controlled substance 32
misdemeanor or felony offense after release from custody or, 33
if not committed to custody, such person does not plead 34
guilty or nolo contendere to or is not found guilty of an 35
additional controlled substance misdemeanor or felony 36
offense, within one year after the date of conviction. Such 37
a plea or conviction within the first year after conviction 38
shall immediately disqualify the person for the exemption; 39
and 40
(4) Has demonstrated sobriety through voluntary 41
urinalysis testing paid for by the participant. 42
2. Eligibility based upon the factors in subsection 1 43
of this section shall be based upon documentary or other 44
evidence satisfactory to the department of social services, 45
and the applicant shall meet all other factors for program 46
eligibility. 47
3. The department of social services, in consultation 48
with the division of alcohol and drug abuse, shall 49
SB 1401 3
promulgate rules to carry out the provisions of this section 50
including specifying criteria for determining active 51
participation in and completion of a substance abuse 52
treatment program. 53
4. The exemption under this section shall not apply to 54
an individual who has pled guilty or nolo contendere to or 55
is found guilty of two subsequent felony offenses involving 56
possession or use of a controlled substance after the date 57
of the first controlled substance felony conviction] 58
Pursuant to the option granted to the state under 21 U.S.C. 59
Section 862a(d)(1), an individual convicted under federal or 60
state law of a felony offense involving possession, 61
distribution, or use of a controlled substance shall be 62
exempt from the prohibition contained in 21 U.S.C. Section 63
862a(a) against eligibility for the supplemental nutrition 64
assistance program for such convictions. 65
✓