Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 63.2-607.1 as follows:

§63.2-607.1. Eligibility for TANF; drug-related felonies.

A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of §115(a)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a felony offense of possession of a controlled substance in violation of §18.2-250, provided that such person complies with, or has already complied with, all obligations imposed by the criminal court and the Department, is actively engaged in or has completed a substance abuse treatment program, and participates in periodic drug screenings. A person who fails or refuses to participate in periodic drug testing or who tests positive for the use of illegal substances shall be ineligible to receive TANF benefits for a period of 12 months; however, an person shall have one opportunity to comply with the testing requirement and be reinstated to eligibility for TANF benefits during the 12-month period following the date of his failure or refusal to participate in a drug test or his testing positive for the use of illegal substances.