Full Text of HB0272 96th General Assembly
HB0272enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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| (Section scheduled to be repealed on July 1, 2011) | 8 |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 This Section is repealed on July 1, 2011.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| (Section scheduled to be repealed on July 1, 2011) | 14 |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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| 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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| 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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| 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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| 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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| prescriptive authority may prescribe a | 26 |
| performance-enhancing substance for
a person; and |
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| (E) that a violation of State law concerning
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| 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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| 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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| (2) provide for the selection of specific students
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| 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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| 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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| competitions sponsored or sanctioned by the association; | 10 |
| (4) provide for a process for confirming any initial
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| 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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| 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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| 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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| 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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| 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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| 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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| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
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| (Text of Section from P.A. 94-550)
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| Sec. 5-9-1.1. Drug related offenses.
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| (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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| 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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| "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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| (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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| (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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| sentencing.
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| (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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| 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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| 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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| (Text of Section from P.A. 94-556)
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| Sec. 5-9-1.1. Drug related offenses.
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| (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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| "Street value" shall be determined by the court on the |
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| 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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| (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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| (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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| sentencing.
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| (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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| 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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| 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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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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