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