Illinois General Assembly - Full Text of Public Act 098-0757
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Public Act 098-0757


 

Public Act 0757 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0757
 
SB2668 EnrolledLRB098 15186 RLC 50171 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 Unified Code of Corrections is amended by
changing Section 3-7-2.5 as follows:
 
    (730 ILCS 5/3-7-2.5)
    Sec. 3-7-2.5. Zero tolerance drug policy.
    (a) Any person employed by the Department of Corrections
who tests positive in accordance with established Departmental
drug testing procedures for any substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
shall be discharged from employment. Refusal to submit to a
drug test, ordered in accordance with Departmental procedures,
by any person employed by the Department shall be construed as
a positive test, and the person shall be discharged from
employment.
    Testing of employees shall be conducted in accordance with
established Departmental drug testing procedures. Changes to
established drug testing procedures that are inconsistent with
the federal guidelines specified in the Mandatory Guidelines
for Federal Workplace Drug Testing Program, 59 FR 29908, or
that affect terms and conditions of employment, shall be
negotiated with an exclusive bargaining representative in
accordance with the Illinois Public Labor Relations Act.
        (1) All samples used for the purpose of drug testing
    shall be collected by persons who have at least 15 40 hours
    of initial training in the proper collection procedures and
    at least 8 hours of annual follow-up training. Proof of
    this training shall be available upon request. In order to
    ensure that these persons possess the necessary knowledge,
    skills, and experience to carry out their duties, their
    training must include guidelines and procedures on
    maintaining the integrity of the collection process,
    ensuring the privacy of employees being tested, ensuring
    the security of the specimen, and avoiding conduct or
    statements that could be viewed as offensive or
    inappropriate. Proficiency in the proper collection
    process must be demonstrated prior to certification used
    for the collection process and must also incorporate
    training on the appropriate interpersonal skills required
    during the collection process.
        (2) With respect to any bargaining unit employee, the
    Department shall not initiate discipline of any employee
    who authorizes the testing of a split urine sample in
    accordance with established Departmental drug testing
    procedures until receipt by the Department of the test
    results from the split urine sample evidencing a positive
    test for any substance prohibited by the Cannabis Control
    Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act.
    (b) Any employee discharged in accordance with the
provisions of subsection (a) shall not be eligible for rehire
by the Department.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 99. Effective date. This Act takes effect July 1,
2014.

Effective Date: 7/16/2014