This document includes House Floor Amendments incorporated into the bill on Fri, Feb 15, 2019 at 11:47 AM by pflowers.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 27, 2019 at 4:05 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill relates to defrauding an alcohol or drug test.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ makes it a criminal offense to distribute, possess, or sell an adulterant or synthetic
14 urine;
15 ▸ makes it a criminal offense to defraud an alcohol or drug test using an adulterant,
16 bodily fluid of another person, or bodily fluid expelled or withdrawn before
17 collection for the test;
18 ▸ exempts from criminal liability a person who distributes, possesses, sells, or uses an
19 adulterant or human or synthetic urine for the sole purpose of education or research;
20 and
21 ▸ requires the entity that collects specimens for the purpose of testing that becomes
22 aware that an adulterated sample or synthetic urine was submitted for screening
23 report it to the requesting employer and the Department of Public Safety.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 ENACTS:
30 76-10-2203, Utah Code Annotated 1953
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 76-10-2203 is enacted to read:
34 76-10-2203. Possession, sale, or use of an adulterant or synthetic urine.
35 (1) As used in this section, "adulterant" means a substance that may be added to human
36 urine or another human bodily fluid to change, dilute, or interfere with the composition,
37 chemical properties, physical appearance, or physical properties of the urine or other bodily
38 fluid.
39 (2) Under circumstances not amounting to a violation of Section 76-8-510.5, it is
40 unlawful for a person to:
41 (a) distribute, possess, or sell synthetic urine;
42 (b) distribute or sell an adulterant with:
43 (i) intent that the adulterant be used to defeat or defraud an alcohol or drug screening
44 test; or
45 (ii) knowledge that the recipient of the adulterant intends to use the adulterant to defeat
46 or defraud an alcohol or drug screening test;
47 (c) possess an adulterant with intent to use the adulterant to defeat or defraud an
48 alcohol or drug screening test; or
49 (d) intentionally use:
50 (i) an adulterant to defeat or defraud an alcohol or drug screening test;
51 (ii) the person's urine or bodily fluid to defeat or defraud an alcohol or drug screening
52 test if the urine or bodily fluid was expelled or withdrawn before the time at which the urine or
53 bodily fluid is collected for the test; or
54 (iii) the urine or bodily fluid of another person to defeat or defraud an alcohol or drug
55 screening test.
56 (3) A person who violates this section is guilty of an infraction.
57 (4) A person is not guilty of a violation of this section for engaging in conduct
58 described in this section for the sole purpose of education or medical or scientific research.
59 (5) This section does not apply to persons currently under Ŝ→ :
59a1 (a) ←Ŝ Ĥ→ [
59a supervision Ĥ→ [
60 Probation and Parole
60a (b) the supervision of the Board of Pardons and Parole ←Ŝ .
61 (6) An entity that collects specimens for the purpose of testing and screening, and
62 reports the results back to an employer shall report to the employer and the Department of
63 Public Safety if a report is received that indicates that adulterated or synthetic urine was
64 submitted for an alcohol or drug screening test.