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| Georgia General Assembly |
HB20.html
01 LC 11 0105
House Bill
20
By: Representative Cox of the 105th
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 9 of Title 16 of the Official Code of
Georgia Annotated, relating to forgery and fraudulent practices, so as to
prohibit certain activities relating to defrauding drug and alcohol screening
tests; to provide for penalties; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to forgery and fraudulent practices, is amended by adding at
the end a new article to read as follows:
"ARTICLE
9
16-9-140.
(a) As used in this Code
section, the term:
(1) 'Alcoholic' means 'alcoholic
beverage' as defined in Code Section 3-1-2.
(2)
'Defraud' means to cause a person being subjected to a drug or alcohol screening
test to appear not to have a drug or alcohol in his or her body or to have a
lower level of a drug or alcohol in such
person´s
body than that person actually has.
(3) 'Drug' means
'marijuana,' 'controlled substance,' or 'dangerous drug' as defined in Code
Sections 16-13-21 and 16-13-71.
(b) 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.
(c) Intent is presumed if a heating element or
any other device used to thwart a drug or alcohol screening test accompanies the
sale, giving, distribution, or marketing of urine or if instructions which
provide a method for thwarting a drug or alcohol screening test accompany the
sale, giving, distribution, or marketing of urine.
(d)
A person who violates a provision of subsection (b) of this Code
section:
(1) For a first offense, is guilty of a
misdemeanor; and
(2) For a second or subsequent
offense, is guilty of a felony and, upon conviction, shall be fined not more
than $10,000.00 or imprisoned not more than five years or
both."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.