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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The State Finance Act is amended by adding | ||||||
5 | Section 5.719 as follows: | ||||||
6 | (30 ILCS 105/5.719 new) | ||||||
7 | (Section scheduled to be repealed on July 1, 2011) | ||||||
8 | Sec. 5.719. The Performance-enhancing Substance Testing | ||||||
9 | Fund. This Section is repealed on July 1, 2011. | ||||||
10 | Section 5. The Interscholastic Athletic Organization Act | ||||||
11 | is amended by adding Section 1.5 as follows: | ||||||
12 | (105 ILCS 25/1.5 new) | ||||||
13 | (Section scheduled to be repealed on July 1, 2011) | ||||||
14 | Sec. 1.5. Prevention of use of performance-enhancing | ||||||
15 | substances in interscholastic athletics; random testing of | ||||||
16 | interscholastic athletes. | ||||||
17 | (a) In this Section, "association" means the Illinois High | ||||||
18 | School Association. | ||||||
19 | (b) The association shall prohibit a student from | ||||||
20 | participating in an athletic competition sponsored or | ||||||
21 | sanctioned by the association unless the following conditions |
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1 | are met: | ||||||
2 | (1) the student agrees not to use any | ||||||
3 | performance-enhancing substances on the association's most | ||||||
4 | current banned drug classes list, and, if the
student is | ||||||
5 | enrolled in high school, the student submits to random
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6 | testing for the presence of these substances in the | ||||||
7 | student's body,
in accordance with the program established | ||||||
8 | under subsection (d) of this Section; and | ||||||
9 | (2) the association obtains from the student's parent a | ||||||
10 | statement signed by the parent and acknowledging the | ||||||
11 | following: | ||||||
12 | (A) that the parent's child, if enrolled in high
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13 | school, may be subject to random performance-enhancing | ||||||
14 | substance testing; | ||||||
15 | (B) that State law prohibits possessing, | ||||||
16 | dispensing,
delivering, or administering a | ||||||
17 | performance-enhancing substance in a manner not | ||||||
18 | allowed by State law; | ||||||
19 | (C) that State law provides that bodybuilding,
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20 | muscle enhancement, or the increase of muscle bulk or | ||||||
21 | strength through the use of a performance-enhancing | ||||||
22 | substance by a person who is in good health is not a | ||||||
23 | valid medical purpose; | ||||||
24 | (D) that only a licensed practitioner with
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25 | prescriptive authority may prescribe a | ||||||
26 | performance-enhancing substance for
a person; and |
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1 | (E) that a violation of State law concerning
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2 | performance-enhancing substances is a criminal offense | ||||||
3 | punishable by confinement in jail or imprisonment. | ||||||
4 | (c) The association shall require that each athletic coach | ||||||
5 | for an extracurricular athletic activity sponsored or
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6 | sanctioned by the association at or above the 9th
grade level | ||||||
7 | complete an educational program on the prevention of abuse of | ||||||
8 | performance-enhancing substances developed by the association. | ||||||
9 | The association shall also require the person to complete an | ||||||
10 | exam developed by the association showing a minimum proficiency | ||||||
11 | of understanding in methods to prevent the abuse of | ||||||
12 | performance-enhancing substances by students. | ||||||
13 | (d) The Department of Public Health shall provide oversight | ||||||
14 | of the annual
administration of a performance-enhancing | ||||||
15 | substance testing program by the association under which high | ||||||
16 | school students participating in an athletic competition | ||||||
17 | sponsored or sanctioned by the association are tested at | ||||||
18 | multiple times throughout the athletic season for the presence | ||||||
19 | of performance-enhancing substances on the association's most | ||||||
20 | current banned drug classes list in the students' bodies. The | ||||||
21 | association may alter its current performance-enhancing | ||||||
22 | substance testing program to comply with this subsection (d). | ||||||
23 | The testing program must do the following: | ||||||
24 | (1) require the random testing of at least 1,000 high | ||||||
25 | school students in this State who participate in athletic | ||||||
26 | competitions sponsored or sanctioned by the
association; |
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1 | (2) provide for the selection of specific students
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2 | described in subdivision (1) of this subsection (d) for | ||||||
3 | testing through a process that randomly selects students | ||||||
4 | from a single pool consisting of all students who | ||||||
5 | participate in any activity for which the association
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6 | sponsors or sanctions athletic competitions; | ||||||
7 | (3) be administered at approximately 25% of the
high | ||||||
8 | schools in this State that participate in athletic
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9 | competitions sponsored or sanctioned by the association; | ||||||
10 | (4) provide for a process for confirming any initial
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11 | positive test result through a subsequent test conducted as | ||||||
12 | soon
as practicable after the initial test, using a sample | ||||||
13 | that was
obtained at the same time as the sample used for | ||||||
14 | the initial test; | ||||||
15 | (5) require the testing to be performed only by a | ||||||
16 | performance-enhancing substance testing laboratory with | ||||||
17 | current certification
from the Substance Abuse and Mental | ||||||
18 | Health Services Administration
of the United States | ||||||
19 | Department of Health and Human Services,
the World | ||||||
20 | Anti-Doping Agency, or another appropriate national or
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21 | international-certifying organization; the testing | ||||||
22 | laboratory must be chosen following State procurement | ||||||
23 | procedures; | ||||||
24 | (6) require that a trained observer, of the appropriate | ||||||
25 | sex, witness the student provide the test sample; | ||||||
26 | (7) require that the student be chaperoned by a |
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1 | school-designated official from the time he or she is | ||||||
2 | notified of the test until he or she has completed | ||||||
3 | delivering the test sample; | ||||||
4 | (8) provide for a period of ineligibility from
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5 | participation in an athletic competition sponsored or | ||||||
6 | sanctioned by
the association for any student with a | ||||||
7 | confirmed positive test result or any student who refuses | ||||||
8 | to submit to random testing; | ||||||
9 | (9) provide for a school or team penalty on a | ||||||
10 | case-by-case basis, to be determined by the contribution of | ||||||
11 | a student with a confirmed positive test result to the team | ||||||
12 | or the school's lack of enforcement of the rules of the | ||||||
13 | testing program or both; | ||||||
14 | (10) provide for a penalty for any coach who knowingly | ||||||
15 | violates the rules of the testing program; and | ||||||
16 | (11) require that coaches be responsible for providing | ||||||
17 | a copy of the association's most current banned drug | ||||||
18 | classes list to every high school student participating in | ||||||
19 | an athletic competition sponsored or sanctioned by the | ||||||
20 | association. | ||||||
21 | The Department of Public Health may adopt rules for the | ||||||
22 | administration of this Section. | ||||||
23 | (e) Results of a performance-enhancing substance test | ||||||
24 | conducted under subsection (d)
of this Section are confidential | ||||||
25 | and, unless required by court order, may be disclosed only to | ||||||
26 | the student and the student's parent and the
activity |
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1 | directors, principal, and assistant principals of the
school | ||||||
2 | attended by the student. | ||||||
3 | (f) The Performance-enhancing Substance Testing Fund is | ||||||
4 | created as a special fund in the State treasury. All money in | ||||||
5 | the Fund shall be used, subject to appropriation, by the | ||||||
6 | Department of Public Health to distribute as grants to pay the | ||||||
7 | costs of the performance-enhancing substance testing program | ||||||
8 | established under subsection (d) of this Section. The General | ||||||
9 | Assembly may appropriate additional funding for the testing | ||||||
10 | program, to be distributed as grants through the Department of | ||||||
11 | Public Health. | ||||||
12 | (g) Subdivision (1) of subsection (b) of this Section does | ||||||
13 | not apply to the use by a student of a performance-enhancing | ||||||
14 | substance that is dispensed, prescribed, delivered, or | ||||||
15 | administered by a medical practitioner for a valid medical | ||||||
16 | purpose
and in the course of professional practice, and the | ||||||
17 | student is not
subject to a period of ineligibility under | ||||||
18 | subdivision (8) of subsection (d) of this Section on the basis | ||||||
19 | of that use as long as the student's coach has provided the | ||||||
20 | student with a copy of the association's most current banned | ||||||
21 | drug classes list, the student has consulted with his or her | ||||||
22 | medical practitioner to confirm the valid use of the substance, | ||||||
23 | and the student has notified his or her coach or a school | ||||||
24 | administrator of a prescription for the use of the substance | ||||||
25 | for valid medical purposes. Students that are prescribed such a | ||||||
26 | substance, after receiving a copy of the association's most |
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1 | current banned drug classes list, are required to provide | ||||||
2 | notice of that prescription at the time the prescription is | ||||||
3 | issued. Any information concerning a student's use of a | ||||||
4 | performance-enhancing substance obtained by a coach or school | ||||||
5 | administrator under this subsection (g) is confidential and may | ||||||
6 | be disclosed only to those persons necessary to the | ||||||
7 | determination of eligibility under this subsection (g). | ||||||
8 | (h) Neither the association nor any of its directors or | ||||||
9 | employees shall be liable and no cause of action may be brought | ||||||
10 | against the association or any of its directors or employees | ||||||
11 | for damages in connection with the performance of the | ||||||
12 | association's responsibilities under this Section, unless an | ||||||
13 | act or omission involved willful or wanton conduct. | ||||||
14 | (i) This Section is repealed on July 1, 2011. | ||||||
15 | Section 10. The Unified Code of Corrections is amended by | ||||||
16 | changing Section 5-9-1.1 as follows:
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17 | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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18 | (Text of Section from P.A. 94-550)
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19 | Sec. 5-9-1.1. Drug related offenses.
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20 | (a) When a person has been adjudged guilty of a drug | ||||||
21 | related
offense involving possession or delivery of cannabis or | ||||||
22 | possession or delivery
of a controlled substance, other than | ||||||
23 | methamphetamine, as defined in the Cannabis Control Act, as | ||||||
24 | amended,
or the Illinois Controlled Substances Act, as amended, |
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1 | in addition to any
other penalty imposed, a fine shall be | ||||||
2 | levied by the court at not less than
the full street value of | ||||||
3 | the cannabis or controlled substances seized.
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4 | "Street value" shall be determined by the court on the | ||||||
5 | basis of testimony
of law enforcement personnel and the | ||||||
6 | defendant as to the amount seized and
such testimony as may be | ||||||
7 | required by the court as to the current street
value of the | ||||||
8 | cannabis or controlled substance seized.
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9 | (b) In addition to any penalty imposed under subsection (a) | ||||||
10 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
11 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
12 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
13 | Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||||||
14 | for distribution as provided under Section 3.225 of the | ||||||
15 | Emergency
Medical Services (EMS) Systems Act.
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16 | (c) In addition to any penalty imposed under subsection (a) | ||||||
17 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
18 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
19 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
20 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
21 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
22 | shall not be considered a part of the fine for
purposes of any | ||||||
23 | reduction in the fine for time served either before or after
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24 | sentencing.
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25 | (d) In addition to any penalty imposed under subsection (a) | ||||||
26 | of this
Section for a drug related
offense involving possession |
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1 | or delivery
of cannabis or possession or delivery of a | ||||||
2 | controlled substance as defined in the Cannabis Control Act, | ||||||
3 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act, a fee of $50 shall be | ||||||
5 | assessed by the court, the proceeds of which
shall be collected | ||||||
6 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
7 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
8 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
9 | fee of $50 shall not be considered a part of the fine for
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10 | purposes of any reduction in the fine for time served either | ||||||
11 | before or after
sentencing. The provisions of this subsection | ||||||
12 | (d), other than this sentence, are inoperative after June 30, | ||||||
13 | 2011. | ||||||
14 | (Source: P.A. 94-550, eff. 1-1-06.)
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15 | (Text of Section from P.A. 94-556)
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16 | Sec. 5-9-1.1. Drug related offenses.
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17 | (a) When a person has been adjudged guilty of a drug | ||||||
18 | related
offense involving possession or delivery of cannabis or | ||||||
19 | possession or delivery
of a controlled substance as defined in | ||||||
20 | the Cannabis Control Act, the Illinois Controlled Substances | ||||||
21 | Act, or the Methamphetamine Control and Community Protection | ||||||
22 | Act, in addition to any
other penalty imposed, a fine shall be | ||||||
23 | levied by the court at not less than
the full street value of | ||||||
24 | the cannabis or controlled substances seized.
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25 | "Street value" shall be determined by the court on the |
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1 | basis of testimony
of law enforcement personnel and the | ||||||
2 | defendant as to the amount seized and
such testimony as may be | ||||||
3 | required by the court as to the current street
value of the | ||||||
4 | cannabis or controlled substance seized.
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5 | (b) In addition to any penalty imposed under subsection (a) | ||||||
6 | of this
Section, a fine of $100 shall be levied by the court, | ||||||
7 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
8 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
9 | Clerks of Courts Act for deposit into the Trauma
Center Fund | ||||||
10 | for distribution as provided under Section 3.225 of the | ||||||
11 | Emergency
Medical Services (EMS) Systems Act.
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12 | (c) In addition to any penalty imposed under subsection (a) | ||||||
13 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
14 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
15 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
16 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
17 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
18 | shall not be considered a part of the fine for
purposes of any | ||||||
19 | reduction in the fine for time served either before or after
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20 | sentencing.
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21 | (d) In addition to any penalty imposed under subsection (a) | ||||||
22 | of this
Section for a drug related
offense involving possession | ||||||
23 | or delivery
of cannabis or possession or delivery of a | ||||||
24 | controlled substance as defined in the Cannabis Control Act, | ||||||
25 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
26 | Control and Community Protection Act, a fee of $50 shall be |
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1 | assessed by the court, the proceeds of which
shall be collected | ||||||
2 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
3 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
4 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
5 | fee of $50 shall not be considered a part of the fine for
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6 | purposes of any reduction in the fine for time served either | ||||||
7 | before or after
sentencing. The provisions of this subsection | ||||||
8 | (d), other than this sentence, are inoperative after June 30, | ||||||
9 | 2011. | ||||||
10 | (Source: P.A. 94-556, eff. 9-11-05 .)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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