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277Ratification Number: 111Act Number: 65Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19990112Primary Sponsor: ThomasAll Sponsors: Thomas, Giese, WilsonDrafted Document Number: l:\council\bills\ggs\22050cm99.docDate Bill Passed both Bodies: 19990527Date of Last Amendment: 19990520Governor's Action: SDate of Governor's Action: 19990611Subject: Drug or alcohol screening tests, attempt to defraud unlawful; Crimes and Offenses, Narcotics, Drugs, Alcoholic BeveragesHistory 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."
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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