California Dem Lawmakers Proposes Bill To Decriminalize Welfare Fraud Below $25k Over Administrative Errors

A measure that would decriminalize welfare fraud nether $25,000 successful California for elemental administrative errors is being pushed by a Democratic lawmaker. 

State Sen. Lola Smallwood-Cuevas introduced Senate Bill 560, which would delete criminal penalties for use fraud beneath $25,000, and delete a proviso for criminal penalties for immoderate effort astatine use fraud beneath $950, according to nan legislation, which was introduced successful February. 

"California’s information nett should assistance families up, not trap them successful poverty," Smallwood-Cuevas told Fox News Digital. "Right now, a missed deadline aliases paperwork correction tin lead to felony charges that tear families isolated — moreover erstwhile there’s nary intent to deceive."

The lawmaker said nan measure "offers a smarter, much humane attack by allowing counties to resoluteness astir overpayment cases administratively, holding group accountable without criminalizing poverty."

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An image of a California Electronic Benefits Transfer (EBT) debit paper that is utilized to acquisition nutrient items astatine participating market stores.  (Los Angeles County Department of Public Social Services)

The authorities is group for a proceeding connected May 5. 

The measure would require a region agency to find whether nan use benefits were authorized arsenic a consequence of an correction successful nan Statewide Automated Welfare System (CalSAWS).

It would prohibit a personification from being taxable to criminal prosecution successful definite instances for an overpayment aliases overissuance of benefits, nan measure states. 

"This measure is astir keeping families retired of nan criminal justness strategy from making administrative errors connected raising nan period for use fraud prosecutions," Smallwood-Cuevas said successful an April 8 Instagram post. 

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State Sen. Lola Smallwood-Cuevas addresses nan media successful beforehand of a Starbucks Coffee located connected Central Ave. successful downtown Los Angeles. The Democratic lawmakers is pushing a measure that would decriminalize use fraud nether $25,000 resulting from administrative errors.  (Mel Melcon / Los Angeles Times via Getty Images)

Most use fraud occurs erstwhile nan reported absent genitor is really surviving successful nan home, unreported income, utilizing an ineligible kid aliases children not surviving successful nan location who are portion of nan recipient's case, according to nan California Department of Social Services. 

In Los Angeles County, section investigators grip 15,000 to 20,000 fraud cases aliases referrals, according to nan Department of Public Social Services. 

Local shop pinch an EBT, Electronic Benefit Transfer accepted sign. (Photo by: Lindsey Nicholson/UCG/Universal Images Group via Getty Images)

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Annually, investigators find fraud successful astir 5,000 to 8,000 cases. Of that, 200 cases are sent to nan Los Angeles County District Attorney's agency and 95% consequence successful a conviction.