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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB3978
Introduced 12/30/2003, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 1961. Provides that it is unlawful for a person to: (1) manufacture, sell, give away, distribute, or market in this State or transport into this State urine with the intent of using the urine to defraud a drug or alcohol screening test; (2) attempt to foil or defeat a drug or alcohol screening test by substituting or spiking a sample of urine or to advertise a sample substitution or other spiking device or measure; (3) adulterate a urine or other bodily fluid sample 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 a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test. Provides that a violation is a Class 4 felony with a minimum fine of $1,000. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3978 |
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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 |
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| Section 17-28 as follows:
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| (720 ILCS 5/17-28 new) |
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| Sec. 17-28. Defrauding drug and alcohol screening |
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| tests. |
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| (a) It is unlawful for a person to: |
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| (1) manufacture, sell, give away, distribute, or |
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| market urine in this State or transport urine into this |
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| State with the intent of using the urine to defraud a drug |
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| or alcohol screening test; |
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| (2) attempt to foil or defeat a drug or alcohol |
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| screening test by the substitution or spiking of a sample |
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| or the advertisement of a sample substitution or other |
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| spiking device or measure; |
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| (3) adulterate a urine or other bodily fluid sample |
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| with the intent to defraud a drug or alcohol screening |
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| test; or |
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| (4) manufacture, sell, or possess adulterants that are |
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| intended to be used to adulterate a urine or other bodily |
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| fluid sample for the purpose of defrauding a drug or |
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| alcohol screening test. |
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| (b) For the purpose of determining the intent of the |
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| defendant who is charged with a violation of this Section, the |
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| trier of fact may take into consideration whether or not a |
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| heating element or any other device used to thwart a drug or |
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| alcohol screening test accompanies the sale, giving, |
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| distribution, or marketing of urine or whether or not |
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| instructions that provide a method for thwarting a drug or |
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| alcohol screening test accompany the sale, giving, |