97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3511
 
Introduced 2/24/2011, by Rep. Marlow H. Colvin
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/17-28

     Amends the Criminal Code of 1961.  Includes in offense of defrauding a drug or alcohol screening test, advertising for sale any product designed to defraud a drug or alcohol screening test.  Defines "defraud" and "adulterant".  
  


LRB097 10572 RLC 50926 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3511LRB097 10572 RLC 50926 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 1961 is amended  by changing 
5Section 17-28 as follows:
 
6    (720 ILCS 5/17-28)
7    Sec. 17-28. Defrauding drug and alcohol screening 
8tests.    
9    (a) It is unlawful for a person to:
10        (1) manufacture, sell, give away, distribute, 
11    advertise for sale, or market synthetic or human substances 
12    or other products in this State or transport urine into 
13    this State with the intent of using the synthetic or human 
14    substances or other products to defraud a drug or alcohol 
15    screening test;
16        (2) attempt to foil or defeat a drug or alcohol 
17    screening test by the substitution or spiking of a sample 
18    or the advertisement of a sample substitution or other 
19    spiking device or measure;
20        (3) adulterate synthetic or human substances with the 
21    intent to defraud a drug or alcohol screening test; or
22        (4) manufacture, sell, or possess adulterants that are 
23    intended to be used to adulterate synthetic or human 
 
 
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1    substances for the purpose of defrauding a drug or alcohol 
2    screening test.
3    (b) For the purpose of determining the intent of the 
4defendant who is charged with a violation of this Section, the 
5trier of fact may take into consideration whether or not a 
6heating element or any other device used to thwart a drug or 
7alcohol screening test accompanies the sale, giving, 
8distribution, advertising for sale, or marketing of synthetic 
9or human substances or other products or whether or not 
10instructions that provide a method for thwarting a drug or 
11alcohol screening test accompany the sale, giving, 
12distribution, or marketing of synthetic or human substances or 
13other products.
14    (b-5)  For the purposes of this Section, a person defrauds a 
15drug or alcohol screening test when he or she intends to 
16falsify or alter the test. 
17    (c) Sentence.  A violation of this Section is a Class 4 
18felony for which the court shall impose a minimum fine of 
19$1,000.
20    (d) For the purposes of this Section, "drug or alcohol 
21screening test" includes, but is not limited to, urine testing, 
22hair follicle testing, perspiration testing, saliva testing, 
23blood testing, fingernail testing, and eye drug testing; and 
24"adulterant" means a substance that is not expected to be in 
25human urine or a substance
expected to be present in human 
26urine but that is at a concentration so high that it is
not 
 
 
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1consistent with human urine, including, but not limited to:

2bleach,
chromium,
creatinine,
detergent,
glutaraldehyde, 
3hydrochloric acid, hydroiodic acid,
iodine,
nitrite, 
4peroxidase,
potassium dichromate, potassium nitrite,

5pyridinium chlorochromate, or
sodium nitrite.


6(Source: P.A. 93-691, eff. 7-9-04.)