HLS 10RS-1054 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 271 BY REPRESENTATIVE MILLS CRIME: Creates the crime of illegally selling urine or adulterants to circumvent screening tests AN ACT1 To enact R.S. 14:102.24, relative to offenses affecting the public generally; to create the2 crime of unlawfully supplying any product for the purpose of falsifying a screening3 test; to provide for penalties; to create certain presumptions; to provide for4 definitions; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:102.24 is hereby enacted to read as follows: 7 ยง102.24. Unlawfully supplying any product for the purpose of falsifying a screening8 test9 A. Unlawfully supplying any product for the purpose of falsifying or altering10 a drug, urine, or alcohol screening test is committed when a person intentionally:11 (1) Sells, trades, furnishes, supplies, gives, distributes, or markets human or12 synthetic urine in this state or transports human or synthetic urine into this state with13 the intent of using the urine to falsify or alter results in a urine, drug, or alcohol14 screening test.15 (2) Advertises for sale any product designed to falsify or alter a urine, drug,16 or alcohol screening test.17 (3) Adulterates a urine or other bodily fluid sample with the intent to falsify18 or alter results in a urine, drug, or alcohol screening test.19 HLS 10RS-1054 ENGROSSED HB NO. 271 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (4) Possesses adulterants which are intended to be used to adulterate a urine1 or other bodily fluid sample for the purpose of falsifying or altering results in a urine,2 drug, or alcohol screening test.3 (5) Sells, trades, furnishes, supplies, gives, distributes, or markets an4 adulterant with the intent by the seller or marketer that the product be used to5 adulterate a urine or other bodily fluid sample for the purpose of falsifying or6 altering results in a urine, drug, or alcohol screening test.7 B. The intent to falsify or alter results in a urine, drug, or alcohol screening8 test shall be presumed if either of the following occur:9 (1) A heating element or any other device used to thwart a drug screening10 test accompanies the sale, trading, furnishing, supplying, giving, distribution, or11 marketing of urine or adulterants.12 (2) Instructions that provide a method for thwarting a drug screening test13 accompany the sale, giving, distribution, or marketing of urine or adulterants.14 C. As used in this Section, "adulterant" means a substance that is not15 expected to be in human urine or a substance expected to be present in human urine16 but that is at a concentration so high that it is not consistent with human urine,17 including, but not limited to:18 (1) Bleach.19 (2) Chromium.20 (3) Creatinine.21 (4) Detergent.22 (5) Glutaraldehyde.23 (6) Hydrochloric acid.24 (7) Hydroiodic acid.25 (8) Iodine.26 (9) Nitrite.27 (10) Peroxidase.28 (11) Potassium dichromate.29 HLS 10RS-1054 ENGROSSED HB NO. 271 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (12) Potassium nitrite.1 (13) Pyridinium chlorochromate.2 (14) Sodium nitrite.3 D. Whoever commits the crime of unlawfully supplying any product for the4 purpose of falsifying or altering a drug, urine, or alcohol screening test shall be fined5 not more than five hundred dollars, or imprisoned for not more than six months, or6 both.7 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] Mills HB No. 271 Abstract: Creates the crime of unlawfully supplying any product for the purpose of falsifying or altering a screening test. Proposed law creates the crime of unlawfully supplying any product for the purpose of falsifying or altering a screening test. Proposed law provides that unlawfully supplying any product for the purpose of falsifying or altering a drug, urine, or alcohol screening test is committed when a person intentionally: (1)Sells, trades, furnishes, supplies, gives, distributes, or markets human or synthetic urine in this state or transports human or synthetic urine into this state with the intent of using the urine to falsify or alter results in a urine, drug, or alcohol screening test. (2)Advertises for sale any product designed to falsify or alter a urine, drug, or alcohol screening test. (3)Adulterates a urine or other bodily fluid sample with the intent to falsify or alter results in a urine, drug, or alcohol screening test. (4)Possesses adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of falsifying or altering results in a urine, drug, or alcohol screening test. (5)Sells, trades, furnishes, supplies, gives, distributes, or markets an adulterant with the intent by the seller or marketer that the product be used to adulterate a urine or other bodily fluid sample for the purpose of falsifying or altering results in a urine, drug, or alcohol screening test. Proposed law defines "adulterant". Proposed law provides penalties of imprisonment for not more than six months, or a fine of not more than $500, or both. (Adds R.S. 14:102.24)