S*0277(Rat #0111, Act #0065 of 1999)  General Bill, By Thomas, Giese and Wilson
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-13-470 SO AS TO PROVIDE THAT ATTEMPTING TO DEFRAUD OR DEFRAUDING A DRUG OR
 ALCOHOL SCREENING TEST BY VARIOUS MEANS OR THROUGH THE USE OF VARIOUS DEVICES
 IS UNLAWFUL, AND TO PROVIDE PENALTIES.-AMENDED TITLE

   12/16/98  Senate Prefiled
   12/16/98  Senate Referred to Committee on Judiciary
   01/12/99  Senate Introduced and read first time SJ-105
   01/12/99  Senate Referred to Committee on Judiciary SJ-105
   03/03/99  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   03/09/99  Senate Amended SJ-19
   03/09/99  Senate Read second time SJ-19
   03/09/99  Senate Ordered to third reading with notice of
                     amendments SJ-19
   03/10/99  Senate Amended SJ-10
   03/10/99  Senate Read third time and sent to House SJ-10
   03/11/99  House  Introduced and read first time HJ-11
   03/11/99  House  Referred to Committee on Judiciary HJ-11
   05/06/99  House  Committee report: Favorable with amendment
                     Judiciary HJ-1
   05/12/99  House  Amended HJ-24
   05/12/99  House  Read second time HJ-25
   05/13/99  House  Read third time and returned to Senate with
                     amendments HJ-12
   05/20/99  Senate House amendment amended SJ-11
   05/20/99  Senate Returned to House with amendments SJ-11
   05/27/99  House  Concurred in Senate amendment and enrolled HJ-128
   06/09/99         Ratified R 111
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99
   07/01/99         Copies available
   07/06/99         Act No. 65

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-470 SO AS TO PROVIDE THAT ATTEMPTING TO DEFRAUD OR DEFRAUDING A DRUG OR ALCOHOL SCREENING TEST BY VARIOUS MEANS OR THROUGH THE USE OF VARIOUS DEVICES IS UNLAWFUL, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Defrauding drug and alcohol screening tests

SECTION 1. The 1976 Code is amended by adding:

"Section 16-13-470. (A) It is unlawful for a person to:

(1) sell, give away, distribute, or market urine in this State or transport urine into this State with the intent of using the urine 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 a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test;

(4) possess adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test; or

(5) sell adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.

Intent is presumed if a heating element or any other device used to thwart a drug-screening test accompanies the sale, giving, distribution, or marketing of urine or if instructions which provide a method for thwarting a drug-screening test accompany the sale, giving, distribution, or marketing of urine.

(B) A person who violates a provision of subsection (A):

(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both; and

(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.