Public Act 096-0132
 
HB0272 Enrolled LRB096 04765 NHT 14829 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 3. The State Finance Act is amended by adding
Section 5.719 as follows:
 
    (30 ILCS 105/5.719 new)
    (Section scheduled to be repealed on July 1, 2011)
    Sec. 5.719. The Performance-enhancing Substance Testing
Fund. This Section is repealed on July 1, 2011.
 
    Section 5. The Interscholastic Athletic Organization Act
is amended by adding Section 1.5 as follows:
 
    (105 ILCS 25/1.5 new)
    (Section scheduled to be repealed on July 1, 2011)
    Sec. 1.5. Prevention of use of performance-enhancing
substances in interscholastic athletics; random testing of
interscholastic athletes.
    (a) In this Section, "association" means the Illinois High
School Association.
    (b) The association shall prohibit a student from
participating in an athletic competition sponsored or
sanctioned by the association unless the following conditions
are met:
        (1) the student agrees not to use any
    performance-enhancing substances on the association's most
    current banned drug classes list, and, if the student is
    enrolled in high school, the student submits to random
    testing for the presence of these substances in the
    student's body, in accordance with the program established
    under subsection (d) of this Section; and
        (2) the association obtains from the student's parent a
    statement signed by the parent and acknowledging the
    following:
            (A) that the parent's child, if enrolled in high
        school, may be subject to random performance-enhancing
        substance testing;
            (B) that State law prohibits possessing,
        dispensing, delivering, or administering a
        performance-enhancing substance in a manner not
        allowed by State law;
            (C) that State law provides that bodybuilding,
        muscle enhancement, or the increase of muscle bulk or
        strength through the use of a performance-enhancing
        substance by a person who is in good health is not a
        valid medical purpose;
            (D) that only a licensed practitioner with
        prescriptive authority may prescribe a
        performance-enhancing substance for a person; and
            (E) that a violation of State law concerning
        performance-enhancing substances is a criminal offense
        punishable by confinement in jail or imprisonment.
    (c) The association shall require that each athletic coach
for an extracurricular athletic activity sponsored or
sanctioned by the association at or above the 9th grade level
complete an educational program on the prevention of abuse of
performance-enhancing substances developed by the association.
The association shall also require the person to complete an
exam developed by the association showing a minimum proficiency
of understanding in methods to prevent the abuse of
performance-enhancing substances by students.
    (d) The Department of Public Health shall provide oversight
of the annual administration of a performance-enhancing
substance testing program by the association under which high
school students participating in an athletic competition
sponsored or sanctioned by the association are tested at
multiple times throughout the athletic season for the presence
of performance-enhancing substances on the association's most
current banned drug classes list in the students' bodies. The
association may alter its current performance-enhancing
substance testing program to comply with this subsection (d).
The testing program must do the following:
        (1) require the random testing of at least 1,000 high
    school students in this State who participate in athletic
    competitions sponsored or sanctioned by the association;
        (2) provide for the selection of specific students
    described in subdivision (1) of this subsection (d) for
    testing through a process that randomly selects students
    from a single pool consisting of all students who
    participate in any activity for which the association
    sponsors or sanctions athletic competitions;
        (3) be administered at approximately 25% of the high
    schools in this State that participate in athletic
    competitions sponsored or sanctioned by the association;
        (4) provide for a process for confirming any initial
    positive test result through a subsequent test conducted as
    soon as practicable after the initial test, using a sample
    that was obtained at the same time as the sample used for
    the initial test;
        (5) require the testing to be performed only by a
    performance-enhancing substance testing laboratory with
    current certification from the Substance Abuse and Mental
    Health Services Administration of the United States
    Department of Health and Human Services, the World
    Anti-Doping Agency, or another appropriate national or
    international-certifying organization; the testing
    laboratory must be chosen following State procurement
    procedures;
        (6) require that a trained observer, of the appropriate
    sex, witness the student provide the test sample;
        (7) require that the student be chaperoned by a
    school-designated official from the time he or she is
    notified of the test until he or she has completed
    delivering the test sample;
        (8) provide for a period of ineligibility from
    participation in an athletic competition sponsored or
    sanctioned by the association for any student with a
    confirmed positive test result or any student who refuses
    to submit to random testing;
        (9) provide for a school or team penalty on a
    case-by-case basis, to be determined by the contribution of
    a student with a confirmed positive test result to the team
    or the school's lack of enforcement of the rules of the
    testing program or both;
        (10) provide for a penalty for any coach who knowingly
    violates the rules of the testing program; and
        (11) require that coaches be responsible for providing
    a copy of the association's most current banned drug
    classes list to every high school student participating in
    an athletic competition sponsored or sanctioned by the
    association.
    The Department of Public Health may adopt rules for the
administration of this Section.
    (e) Results of a performance-enhancing substance test
conducted under subsection (d) of this Section are confidential
and, unless required by court order, may be disclosed only to
the student and the student's parent and the activity
directors, principal, and assistant principals of the school
attended by the student.
    (f) The Performance-enhancing Substance Testing Fund is
created as a special fund in the State treasury. All money in
the Fund shall be used, subject to appropriation, by the
Department of Public Health to distribute as grants to pay the
costs of the performance-enhancing substance testing program
established under subsection (d) of this Section. The General
Assembly may appropriate additional funding for the testing
program, to be distributed as grants through the Department of
Public Health.
    (g) Subdivision (1) of subsection (b) of this Section does
not apply to the use by a student of a performance-enhancing
substance that is dispensed, prescribed, delivered, or
administered by a medical practitioner for a valid medical
purpose and in the course of professional practice, and the
student is not subject to a period of ineligibility under
subdivision (8) of subsection (d) of this Section on the basis
of that use as long as the student's coach has provided the
student with a copy of the association's most current banned
drug classes list, the student has consulted with his or her
medical practitioner to confirm the valid use of the substance,
and the student has notified his or her coach or a school
administrator of a prescription for the use of the substance
for valid medical purposes. Students that are prescribed such a
substance, after receiving a copy of the association's most
current banned drug classes list, are required to provide
notice of that prescription at the time the prescription is
issued. Any information concerning a student's use of a
performance-enhancing substance obtained by a coach or school
administrator under this subsection (g) is confidential and may
be disclosed only to those persons necessary to the
determination of eligibility under this subsection (g).
    (h) Neither the association nor any of its directors or
employees shall be liable and no cause of action may be brought
against the association or any of its directors or employees
for damages in connection with the performance of the
association's responsibilities under this Section, unless an
act or omission involved willful or wanton conduct.
    (i) This Section is repealed on July 1, 2011.
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-1.1 as follows:
 
    (730 ILCS 5/5-9-1.1)  (from Ch. 38, par. 1005-9-1.1)
    (Text of Section from P.A. 94-550)
    Sec. 5-9-1.1. Drug related offenses.
    (a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance, other than
methamphetamine, as defined in the Cannabis Control Act, as
amended, or the Illinois Controlled Substances Act, as amended,
in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any
reduction in the fine for time served either before or after
sentencing.
    (d) In addition to any penalty imposed under subsection (a)
of this Section for a drug related offense involving possession
or delivery of cannabis or possession or delivery of a
controlled substance as defined in the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
(Source: P.A. 94-550, eff. 1-1-06.)
 
    (Text of Section from P.A. 94-556)
    Sec. 5-9-1.1. Drug related offenses.
    (a) When a person has been adjudged guilty of a drug
related offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined in
the Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act, in addition to any other penalty imposed, a fine shall be
levied by the court at not less than the full street value of
the cannabis or controlled substances seized.
    "Street value" shall be determined by the court on the
basis of testimony of law enforcement personnel and the
defendant as to the amount seized and such testimony as may be
required by the court as to the current street value of the
cannabis or controlled substance seized.
    (b) In addition to any penalty imposed under subsection (a)
of this Section, a fine of $100 shall be levied by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Trauma Center Fund
for distribution as provided under Section 3.225 of the
Emergency Medical Services (EMS) Systems Act.
    (c) In addition to any penalty imposed under subsection (a)
of this Section, a fee of $5 shall be assessed by the court,
the proceeds of which shall be collected by the Circuit Clerk
and remitted to the State Treasurer under Section 27.6 of the
Clerks of Courts Act for deposit into the Spinal Cord Injury
Paralysis Cure Research Trust Fund. This additional fee of $5
shall not be considered a part of the fine for purposes of any
reduction in the fine for time served either before or after
sentencing.
    (d) In addition to any penalty imposed under subsection (a)
of this Section for a drug related offense involving possession
or delivery of cannabis or possession or delivery of a
controlled substance as defined in the Cannabis Control Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, a fee of $50 shall be
assessed by the court, the proceeds of which shall be collected
by the Circuit Clerk and remitted to the State Treasurer under
Section 27.6 of the Clerks of Courts Act for deposit into the
Performance-enhancing Substance Testing Fund. This additional
fee of $50 shall not be considered a part of the fine for
purposes of any reduction in the fine for time served either
before or after sentencing. The provisions of this subsection
(d), other than this sentence, are inoperative after June 30,
2011.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.