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Public Act 093-0691


 

Public Act 0691 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0691
 
HB3978 Enrolled LRB093 14974 RLC 40681 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by adding
Section 17-28 as follows:
 
    (720 ILCS 5/17-28 new)
    Sec. 17-28. Defrauding drug and alcohol screening
tests.    
    (a) It is unlawful for a person to:
        (1) manufacture, sell, give away, distribute, or
    market synthetic or human substances or other products in
    this State or transport urine into this State with the
    intent of using the synthetic or human substances or other
    products to defraud a drug or alcohol screening test;
        (2) attempt to foil or defeat a drug or alcohol
    screening test by the substitution or spiking of a sample
    or the advertisement of a sample substitution or other
    spiking device or measure;
        (3) adulterate synthetic or human substances with the
    intent to defraud a drug or alcohol screening test; or
        (4) manufacture, sell, or possess adulterants that are
    intended to be used to adulterate synthetic or human
    substances for the purpose of defrauding a drug or alcohol
    screening test.
    (b) For the purpose of determining the intent of the
defendant who is charged with a violation of this Section, the
trier of fact may take into consideration whether or not a
heating element or any other device used to thwart a drug or
alcohol screening test accompanies the sale, giving,
distribution, or marketing of synthetic or human substances or
other products or whether or not instructions that provide a
method for thwarting a drug or alcohol screening test accompany
the sale, giving, distribution, or marketing of synthetic or
human substances or other products.
    (c) Sentence. A violation of this Section is a Class 4
felony for which the court shall impose a minimum fine of
$1,000.
    (d) For the purposes of this Section, "drug or alcohol
screening test" includes, but is not limited to, urine testing,
hair follicle testing, perspiration testing, saliva testing,
blood testing, fingernail testing, and eye drug testing.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/09/2004