Public Act 0691 93RD GENERAL ASSEMBLY

HB3978 Enrolled LRB093 14974 RLC 40681 b

Public Act 093-0691

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 adding Section 17-28 as follows:

(720 ILCS 5/17-28 new)

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

(a) It is unlawful for a person to:

(1) manufacture, sell, give away, distribute, 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, 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.

(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.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 07/09/2004