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39-717. Illegal disposition; purchase, acquisition or possession of assistance; criminal penalties; exemption of assistance from legal process.

39-717

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-717.   Illegal disposition; purchase, acquisitionor possession ofassistance; criminal penalties; exemption of assistance from legalprocess.(a) Assistance granted under the provisions of this actshall not:

      (1)   Be sold or otherwise disposed of to others by the client or byanyone else except under the rules and regulations of the secretary ofsocial and rehabilitation services; or

      (2)   knowingly be purchased, acquiredor possessed by anyone unless the purchase, acquisition or possession isauthorized by the rules and regulations of the secretary of social andrehabilitation services or the laws under which the assistance was granted.

      (b) (1)   Any person convicted of violating the provisions of this sectionshall be guilty of a class A nonperson misdemeanor if the value of theassistancesold or otherwise disposed of, purchased, acquired or possessed was less than$1,000.

      (2)   Any person convicted of violating the provisions of this sectionshall be guilty of a severity level 9, nonperson felony if the value ofthe assistance sold or otherwisedisposed of, purchased, acquired or possessed was at least$1,000 but less than $25,000.

      (3)   Any person convicted of violating the provisions ofthis section shall be guilty of a severity level 7, nonperson felony if thevalue of the assistance sold or otherwise disposed of, purchased, acquired orpossessed was $25,000 or more.

      (c)   None of the money paid, payable, orto be paid, or any tangible assistance received under this act shall besubject to execution, levy, attachment, garnishment, or other legalprocess, or to the operation of any bankruptcy or insolvency law.

      History:   L. 1937, ch. 327, § 15; L. 1980, ch. 126, § 1; L. 1983,ch. 145, § 1;L. 1993, ch. 291, § 225;L. 1994, ch. 291, § 72;L. 2006, ch. 194, § 27; May 25.

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