Full Text of HB3511 97th General Assembly
HB3511 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3511 Introduced 2/24/2011, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
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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 |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 17-28 as follows: | 6 | | (720 ILCS 5/17-28) | 7 | | Sec. 17-28. Defrauding drug and alcohol screening | 8 | | tests. | 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 | 4 | | defendant who is charged with a violation of this Section, the | 5 | | trier of fact may take into consideration whether or not a | 6 | | heating element or any other device used to thwart a drug or | 7 | | alcohol screening test accompanies the sale, giving, | 8 | | distribution, advertising for sale, or marketing of synthetic | 9 | | or human substances or other products or whether or not | 10 | | instructions that provide a method for thwarting a drug or | 11 | | alcohol screening test accompany the sale, giving, | 12 | | distribution, or marketing of synthetic or human substances or | 13 | | other products. | 14 | | (b-5) For the purposes of this Section, a person defrauds a | 15 | | drug or alcohol screening test when he or she intends to | 16 | | falsify or alter the test. | 17 | | (c) Sentence. A violation of this Section is a Class 4 | 18 | | felony for which the court shall impose a minimum fine of | 19 | | $1,000. | 20 | | (d) For the purposes of this Section, "drug or alcohol | 21 | | screening test" includes, but is not limited to, urine testing, | 22 | | hair follicle testing, perspiration testing, saliva testing, | 23 | | blood testing, fingernail testing, and eye drug testing ; and | 24 | | "adulterant" means a substance that is not expected to be in | 25 | | human urine or a substance
expected to be present in human | 26 | | urine but that is at a concentration so high that it is
not |
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| 1 | | consistent with human urine, including, but not limited to:
| 2 | | bleach,
chromium,
creatinine,
detergent,
glutaraldehyde, | 3 | | hydrochloric acid, hydroiodic acid,
iodine,
nitrite, | 4 | | peroxidase,
potassium dichromate, potassium nitrite,
| 5 | | pyridinium chlorochromate, or
sodium nitrite .
| 6 | | (Source: P.A. 93-691, eff. 7-9-04.)
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