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Public Act 093-0691
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| HB3978 Enrolled |
LRB093 14974 RLC 40681 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by adding |
Section 17-28 as follows:
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(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 |