S*277 Session 113 (1999-2000) 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 VERSIONS OF THIS BILL
March 3, 1999 March 9, 1999 March 10, 1999 May 6, 1999 May 12, 1999 May 20, 1999 (A65, R111, S277) 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.
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