WEST virginia Legislature
2017 regular session
Introduced
House Bill 3098
By Delegate G. Foster
[Introduced March 14, 2017;
Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §60A-4-412 of the Code of West Virginia, 1931, as amended, relating to the crime of defrauding drug and alcohol screening tests and its penalties.
Be it enacted by the Legislature of West Virginia:
That §60A-4-412 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-412. Defeating
Defrauding drug and alcohol screening tests; penalties.
(a) Any person who:
(1) Knowingly sells,
gives away, distributes or markets any substance or product in this state or
transports such a substance or product into this state with the intent that the
substance or product will be used to defeat a drug or alcohol screening test;
(2) Attempts to defeat a
drug or alcohol screening test by the substitution of a false sample;
(3) Knowingly advertises
for sale or distribution any substance or product the advertised purpose of
which is to defeat a bodily fluid screening test for drugs or alcohol;
(4) Adulterates a bodily
fluid sample with the intent to defeat a drug or alcohol screening test;
(5) Knowingly possesses
adulterants for the purpose of defeating a drug or alcohol screening test; or
(6) Knowingly sells
adulterants which are intended to be used to adulterate a urine or other bodily
fluid sample for the purpose of defeating a drug or alcohol screening test.
(b) A person who
violates a provision of subsection (a) of this section:
(1) For a first offense
is guilty of a misdemeanor and, upon conviction, shall be fined not more than
$1,000;
(2) For a second offense
is guilty of a misdemeanor and, upon conviction, be fined not more than $5,000;
and
(3) For a third or
subsequent offense is guilty of a misdemeanor and, upon conviction, be fined
not more than $10,000 or confined in the regional jail for not more than one
year, or both.
(c) As used in this
section, "adulterate" means a substance that is not expected to be in
human fluids but that is a concentration so high that it is not consistent with
human bodily fluids, including, but not limited to:
(1) Bleach;
(2) Chromium;
(3) Creatinine;
(4) Detergent;
(5) Glutaraldehyde;
(6)
Glutaraldehyde/squalene;
(7) Hydrochloric acid;
(8) Hydroiodic acid;
(9) Iodine;
(10) Nitrite;
(11) Peroxidase;
(12) Potassium
dichromate;
(13) Potassium nitrate;
(14) Pyridinium
chlorochromate; and
(15) Sodium nitrite.
(a) A person is guilty of defrauding a drug and alcohol screening test if he or she:
(1) Manufactures, sells, gives away, distributes or markets synthetic or human substances or other products including, but not limited to urine, in this state or transports synthetic or human substances or other products including, but not limited to urine, into this state with the intent to defraud a drug or alcohol screening test;
(2) Adulterates a hair follicle sample or a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test;
(3) Possesses 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
(4) Sells 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.
(b) Instructions which provide a method for thwarting a drug-screening test and which accompany the sale, giving, distribution or marketing of synthetic or human substances or other products including, but not limited to urine, are prima facie evidence of intent under subsection (a) of this section.
(c) A person who violates any provision of subsection (a) of this section is guilty of:
(1) A misdemeanor for a first offense and, upon conviction, is subject to confinement in jail for not more than six months, a fine of not more than $750, or both;
(2) A misdemeanor for a second or subsequent offense and, upon conviction, is subject to confinement in jail for not less than seven days nor more than six months, a fine of not more than $750, or both.
NOTE: The purpose of this bill is to modify the crime of defrauding drug and alcohol screening tests and its penalties.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.