Rep. Jack D. Franks
Filed: 3/11/2009
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1 | AMENDMENT TO HOUSE BILL 272
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2 | AMENDMENT NO. ______. Amend House Bill 272, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 3. The State Finance Act is amended by adding | ||||||
6 | Section 5.719 as follows: | ||||||
7 | (30 ILCS 105/5.719 new) | ||||||
8 | (Section scheduled to be repealed on July 1, 2011) | ||||||
9 | Sec. 5.719. The Performance-enhancing Substance Testing | ||||||
10 | Fund. This Section is repealed on July 1, 2011. | ||||||
11 | Section 5. The Interscholastic Athletic Organization Act | ||||||
12 | is amended by adding Section 1.5 as follows: | ||||||
13 | (105 ILCS 25/1.5 new) | ||||||
14 | (Section scheduled to be repealed on July 1, 2011) |
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1 | Sec. 1.5. Prevention of use of performance-enhancing | ||||||
2 | substances in interscholastic athletics; random testing of | ||||||
3 | interscholastic athletes. | ||||||
4 | (a) In this Section, "association" means the Illinois High | ||||||
5 | School Association. | ||||||
6 | (b) The association shall prohibit a student from | ||||||
7 | participating in an athletic competition sponsored or | ||||||
8 | sanctioned by the association unless the following conditions | ||||||
9 | are met: | ||||||
10 | (1) the student agrees not to use any | ||||||
11 | performance-enhancing substances on the association's most | ||||||
12 | current banned drug classes list, and, if the
student is | ||||||
13 | enrolled in high school, the student submits to random
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14 | testing for the presence of these substances in the | ||||||
15 | student's body,
in accordance with the program established | ||||||
16 | under subsection (d) of this Section; and | ||||||
17 | (2) the association obtains from the student's parent a | ||||||
18 | statement signed by the parent and acknowledging the | ||||||
19 | following: | ||||||
20 | (A) that the parent's child, if enrolled in high
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21 | school, may be subject to random performance-enhancing | ||||||
22 | substance testing; | ||||||
23 | (B) that State law prohibits possessing, | ||||||
24 | dispensing,
delivering, or administering a | ||||||
25 | performance-enhancing substance in a manner not | ||||||
26 | allowed by State law; |
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1 | (C) that State law provides that bodybuilding,
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2 | muscle enhancement, or the increase of muscle bulk or | ||||||
3 | strength through the use of a performance-enhancing | ||||||
4 | substance by a person who is in good health is not a | ||||||
5 | valid medical purpose; | ||||||
6 | (D) that only a licensed practitioner with
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7 | prescriptive authority may prescribe a | ||||||
8 | performance-enhancing substance for
a person; and | ||||||
9 | (E) that a violation of State law concerning
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10 | performance-enhancing substances is a criminal offense | ||||||
11 | punishable by confinement in jail or imprisonment. | ||||||
12 | (c) The association shall require that each athletic coach | ||||||
13 | for an extracurricular athletic activity sponsored or
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14 | sanctioned by the association at or above the 9th
grade level | ||||||
15 | complete an educational program on the prevention of abuse of | ||||||
16 | performance-enhancing substances developed by the association. | ||||||
17 | The association shall also require the person to complete an | ||||||
18 | exam developed by the association showing a minimum proficiency | ||||||
19 | of understanding in methods to prevent the abuse of | ||||||
20 | performance-enhancing substances by students. | ||||||
21 | (d) The Department of Public Health shall provide oversight | ||||||
22 | of the annual
administration of a performance-enhancing | ||||||
23 | substance testing program by the association under which high | ||||||
24 | school students participating in an athletic competition | ||||||
25 | sponsored or sanctioned by the association are tested at | ||||||
26 | multiple times throughout the athletic season for the presence |
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1 | of performance-enhancing substances on the association's most | ||||||
2 | current banned drug classes list in the students' bodies. The | ||||||
3 | association may alter its current performance-enhancing | ||||||
4 | substance testing program to comply with this subsection (d). | ||||||
5 | The testing program must do the following: | ||||||
6 | (1) require the random testing of at least 1,000 high | ||||||
7 | school students in this State who participate in athletic | ||||||
8 | competitions sponsored or sanctioned by the
association; | ||||||
9 | (2) provide for the selection of specific students
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10 | described in subdivision (1) of this subsection (d) for | ||||||
11 | testing through a process that randomly selects students | ||||||
12 | from a single pool consisting of all students who | ||||||
13 | participate in any activity for which the association
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14 | sponsors or sanctions athletic competitions; | ||||||
15 | (3) be administered at approximately 25% of the
high | ||||||
16 | schools in this State that participate in athletic
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17 | competitions sponsored or sanctioned by the association; | ||||||
18 | (4) provide for a process for confirming any initial
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19 | positive test result through a subsequent test conducted as | ||||||
20 | soon
practicable after the initial test, using a sample | ||||||
21 | that was
obtained at the same time as the sample used for | ||||||
22 | the initial test; | ||||||
23 | (5) require the testing to be performed only by a | ||||||
24 | performance-enhancing substance testing laboratory with | ||||||
25 | current certification
from the Substance Abuse and Mental | ||||||
26 | Health Services Administration
of the United States |
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1 | Department of Health and Human Services,
the World | ||||||
2 | Anti-Doping Agency, or another appropriate national or
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3 | international-certifying organization; the testing | ||||||
4 | laboratory must be chosen following State procurement | ||||||
5 | procedures; | ||||||
6 | (6) require that a trained observer, of the appropriate | ||||||
7 | sex, witness the student provide the test sample; | ||||||
8 | (7) require that the student be chaperoned by a | ||||||
9 | school-designated official from the time he or she is | ||||||
10 | notified of the test until he or she has completed | ||||||
11 | delivering the test sample; | ||||||
12 | (8) provide for a period of ineligibility from
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13 | participation in an athletic competition sponsored or | ||||||
14 | sanctioned by
the association for any student with a | ||||||
15 | confirmed positive test result or any student who refuses | ||||||
16 | to submit to random testing; | ||||||
17 | (9) provide for a school or team penalty on a | ||||||
18 | case-by-case basis, to be determined by the contribution of | ||||||
19 | a student with a confirmed positive test result to the team | ||||||
20 | or the school's lack of enforcement of the rules of the | ||||||
21 | testing program or both; | ||||||
22 | (10) provide for a penalty for any coach who knowingly | ||||||
23 | violates the rules of the testing program; and | ||||||
24 | (11) require that coaches be responsible for providing | ||||||
25 | a copy of the association's must current banned drug | ||||||
26 | classes list to every high school student participating in |
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1 | an athletic competition sponsored or sanctioned by the | ||||||
2 | association. | ||||||
3 | The Department of Public Health may adopt rules for the | ||||||
4 | administration of this Section. | ||||||
5 | (e) Results of a performance-enhancing substance test | ||||||
6 | conducted under subsection (d)
of this Section are confidential | ||||||
7 | and, unless required by court order, may be disclosed only to | ||||||
8 | the student and the student's parent and the
activity | ||||||
9 | directors, principal, and assistant principals of the
school | ||||||
10 | attended by the student. | ||||||
11 | (f) The Performance-enhancing Substance Testing Fund is | ||||||
12 | created as a special fund in the State treasury. All money in | ||||||
13 | the Fund shall be used, subject to appropriation, by the | ||||||
14 | Department of Public Health to distribute as grants to pay the | ||||||
15 | costs of the performance-enhancing substance testing program | ||||||
16 | established under subsection (d) of this Section. The | ||||||
17 | Performance-enhancing Substance Testing Fund shall not be | ||||||
18 | subject to sweeps, administrative charges, or chargebacks or | ||||||
19 | any other fiscal or budgetary maneuver that would in any way | ||||||
20 | result in the transfer of any funds from the | ||||||
21 | Performance-enhancing Substance Testing Fund to any other fund | ||||||
22 | of this State or having any such funds utilized for any purpose | ||||||
23 | other than to pay for the costs of the testing program. The | ||||||
24 | General Assembly may appropriate additional funding for the | ||||||
25 | testing program, to be distributed as grants through the | ||||||
26 | Department of Public Health. |
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1 | (g) Subdivision (1) of subsection (b) of this Section does | ||||||
2 | not apply to the use by a student of a performance-enhancing | ||||||
3 | substance that is dispensed, prescribed, delivered, or | ||||||
4 | administered by a medical practitioner for a valid medical | ||||||
5 | purpose
and in the course of professional practice, and the | ||||||
6 | student is not
subject to a period of ineligibility under | ||||||
7 | subdivision (8) of subsection (d) of this Section on the basis | ||||||
8 | of that use as long as the student's coach has provided the | ||||||
9 | student with a copy of the association's most current banned | ||||||
10 | drug classes list, the student has consulted with his or her | ||||||
11 | medical practitioner to confirm the valid use of the substance, | ||||||
12 | and the student has notified his or her coach or a school | ||||||
13 | administrator of a prescription for the use of the substance | ||||||
14 | for valid medical purposes. Students that are prescribed such a | ||||||
15 | substance, after receiving a copy of the association's most | ||||||
16 | current banned drug classes list, are required to provide | ||||||
17 | notice of that prescription at the time the prescription is | ||||||
18 | issued. Any information concerning a student's use of a | ||||||
19 | performance-enhancing substance obtained by a coach or school | ||||||
20 | administrator under this subsection (g) is confidential and may | ||||||
21 | be disclosed only to those persons necessary to the | ||||||
22 | determination of eligibility under this subsection (g). | ||||||
23 | (h) Neither the association nor any of its directors or | ||||||
24 | employees shall be liable and no cause of action may be brought | ||||||
25 | against the association or any of its directors or employees | ||||||
26 | for damages in connection with the performance of the |
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1 | association's responsibilities under this Section, unless an | ||||||
2 | act or omission involved willful or wanton conduct. | ||||||
3 | (i) This Section is repealed on July 1, 2011. | ||||||
4 | Section 10. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 5-9-1.1 as follows:
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6 | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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7 | (Text of Section from P.A. 94-550)
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8 | Sec. 5-9-1.1. Drug related offenses.
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9 | (a) When a person has been adjudged guilty of a drug | ||||||
10 | related
offense involving possession or delivery of cannabis or | ||||||
11 | possession or delivery
of a controlled substance, other than | ||||||
12 | methamphetamine, as defined in the Cannabis Control Act, as | ||||||
13 | amended,
or the Illinois Controlled Substances Act, as amended, | ||||||
14 | in addition to any
other penalty imposed, a fine shall be | ||||||
15 | levied by the court at not less than
the full street value of | ||||||
16 | the cannabis or controlled substances seized.
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17 | "Street value" shall be determined by the court on the | ||||||
18 | basis of testimony
of law enforcement personnel and the | ||||||
19 | defendant as to the amount seized and
such testimony as may be | ||||||
20 | required by the court as to the current street
value of the | ||||||
21 | cannabis or controlled substance seized.
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22 | (b) In addition to any penalty imposed under subsection (a) | ||||||
23 | of this
Section, a fine of
$100 shall be levied by the court, | ||||||
24 | the proceeds of which
shall be collected by the Circuit Clerk |
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1 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
2 | Clerks of Courts Act
for deposit into the Trauma
Center Fund | ||||||
3 | for distribution as provided under Section 3.225 of the | ||||||
4 | Emergency
Medical Services (EMS) Systems Act.
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5 | (c) In addition to any penalty imposed under subsection (a) | ||||||
6 | of this
Section, a fee of $5 shall be assessed 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 Spinal Cord
Injury | ||||||
10 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
11 | shall not be considered a part of the fine for
purposes of any | ||||||
12 | reduction in the fine for time served either before or after
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13 | sentencing.
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14 | (d) In addition to any penalty imposed under subsection (a) | ||||||
15 | of this
Section for a drug related
offense involving possession | ||||||
16 | or delivery
of cannabis or possession or delivery of a | ||||||
17 | controlled substance as defined in the Cannabis Control Act, | ||||||
18 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
19 | Control and Community Protection Act, a fee of $50 shall be | ||||||
20 | assessed by the court, the proceeds of which
shall be collected | ||||||
21 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
22 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
23 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
24 | fee of $50 shall not be considered a part of the fine for
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25 | purposes of any reduction in the fine for time served either | ||||||
26 | before or after
sentencing. The provisions of this subsection |
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1 | (d), other than this sentence, are inoperative after June 30, | ||||||
2 | 2011. | ||||||
3 | (Source: P.A. 94-550, eff. 1-1-06.)
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4 | (Text of Section from P.A. 94-556)
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5 | Sec. 5-9-1.1. Drug related offenses.
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6 | (a) When a person has been adjudged guilty of a drug | ||||||
7 | related
offense involving possession or delivery of cannabis or | ||||||
8 | possession or delivery
of a controlled substance as defined in | ||||||
9 | the Cannabis Control Act, the Illinois Controlled Substances | ||||||
10 | Act, or the Methamphetamine Control and Community Protection | ||||||
11 | Act, in addition to any
other penalty imposed, a fine shall be | ||||||
12 | levied by the court at not less than
the full street value of | ||||||
13 | the cannabis or controlled substances seized.
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14 | "Street value" shall be determined by the court on the | ||||||
15 | basis of testimony
of law enforcement personnel and the | ||||||
16 | defendant as to the amount seized and
such testimony as may be | ||||||
17 | required by the court as to the current street
value of the | ||||||
18 | cannabis or controlled substance seized.
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19 | (b) In addition to any penalty imposed under subsection (a) | ||||||
20 | of this
Section, a fine of $100 shall be levied by the court, | ||||||
21 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
22 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
23 | Clerks of Courts Act for deposit into the Trauma
Center Fund | ||||||
24 | for distribution as provided under Section 3.225 of the | ||||||
25 | Emergency
Medical Services (EMS) Systems Act.
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1 | (c) In addition to any penalty imposed under subsection (a) | ||||||
2 | of this
Section, a fee of $5 shall be assessed by the court, | ||||||
3 | the proceeds of which
shall be collected by the Circuit Clerk | ||||||
4 | and remitted to the State Treasurer
under Section 27.6 of the | ||||||
5 | Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||||||
6 | Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||||||
7 | shall not be considered a part of the fine for
purposes of any | ||||||
8 | reduction in the fine for time served either before or after
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9 | sentencing.
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10 | (d) In addition to any penalty imposed under subsection (a) | ||||||
11 | of this
Section for a drug related
offense involving possession | ||||||
12 | or delivery
of cannabis or possession or delivery of a | ||||||
13 | controlled substance as defined in the Cannabis Control Act, | ||||||
14 | the Illinois Controlled Substances Act, or the Methamphetamine | ||||||
15 | Control and Community Protection Act, a fee of $50 shall be | ||||||
16 | assessed by the court, the proceeds of which
shall be collected | ||||||
17 | by the Circuit Clerk and remitted to the State Treasurer
under | ||||||
18 | Section 27.6 of the Clerks of Courts Act for deposit into the | ||||||
19 | Performance-enhancing Substance Testing Fund.
This additional | ||||||
20 | fee of $50 shall not be considered a part of the fine for
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21 | purposes of any reduction in the fine for time served either | ||||||
22 | before or after
sentencing. The provisions of this subsection | ||||||
23 | (d), other than this sentence, are inoperative after June 30, | ||||||
24 | 2011. | ||||||
25 | (Source: P.A. 94-556, eff. 9-11-05 .)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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