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Bill 277

                    Current Status

Bill Number:                      277
Ratification Number:              111
Act Number:                       65
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas, Giese, Wilson
Drafted Document Number:          l:\council\bills\ggs\22050cm99.doc
Date Bill Passed both Bodies:     19990527
Date of Last Amendment:           19990520
Governor's Action:                S
Date of Governor's Action:        19990611
Subject:                          Drug or alcohol screening tests, attempt 
                                  to defraud unlawful; Crimes and Offenses, 
                                  Narcotics, Drugs, Alcoholic Beverages


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990702  Act No. A65
------  19990611  Signed by Governor
------  19990609  Ratified R111
House   19990527  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19990520  House amendments amended,
                  returned to House with amendment
House   19990513  Read third time, returned to Senate
                  with amendment
House   19990512  Amended, read second time
House   19990506  Committee report: Favorable with       25 HJ
                  amendment
House   19990311  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  19990310  Amended, read third time, 
                  sent to House
Senate  19990309  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19990309  Committee amendment adopted
Senate  19990303  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        11 SJ


                             Versions of This Bill
Revised on March 3, 1999 - Word format
Revised on March 9, 1999 - Word format
Revised on March 10, 1999 - Word format
Revised on May 6, 1999 - Word format
Revised on May 12, 1999 - Word format
Revised on May 20, 1999 - Word format

(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.

This web page was last updated on Wednesday, December 9, 2009 at 9:05 A.M.