HB3511 97TH GENERAL ASSEMBLY

LRB097 10572 RLC 50926 b

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".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 17-28 as follows:

(720 ILCS 5/17-28)

Sec. 17-28. Defrauding drug and alcohol screening tests.

(a) It is unlawful for a person to:

(1) manufacture, sell, give away, distribute, advertise for sale, or market synthetic or human substances or other products in this State or transport urine into this State with the intent of using the synthetic or human substances or other products to defraud a drug or alcohol screening test;

(2) attempt to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample or the advertisement of a sample substitution or other spiking device or measure;

(3) adulterate synthetic or human substances 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 synthetic or human substances for the purpose of defrauding a drug or alcohol screening test.

(b) For the purpose of determining the intent of the defendant who is charged with a violation of this Section, the trier of fact may take into consideration whether or not a heating element or any other device used to thwart a drug or alcohol screening test accompanies the sale, giving, distribution, advertising for sale, or marketing of synthetic or human substances or other products or whether or not instructions that provide a method for thwarting a drug or alcohol screening test accompany the sale, giving, distribution, or marketing of synthetic or human substances or other products.

(b-5) For the purposes of this Section, a person defrauds a drug or alcohol screening test when he or she intends to falsify or alter the test.

(c) Sentence. A violation of this Section is a Class 4 felony for which the court shall impose a minimum fine of $1,000.

(d) For the purposes of this Section, "drug or alcohol screening test" includes, but is not limited to, urine testing, hair follicle testing, perspiration testing, saliva testing, blood testing, fingernail testing, and eye drug testing; and "adulterant" means a substance that is not expected to be in human urine or a substance expected to be present in human urine but that is at a concentration so high that it is not consistent with human urine, including, but not limited to: bleach, chromium, creatinine, detergent, glutaraldehyde, hydrochloric acid, hydroiodic acid, iodine, nitrite, peroxidase, potassium dichromate, potassium nitrite, pyridinium chlorochromate, or sodium nitrite.

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