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".


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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.)