SB111

By Senator Orr

ENROLLED, An Act,

Relating to crimes and offenses; to prohibit the manufacture, marketing, sale, distribution, use, and possession of synthetic urine or a urine additive under certain conditions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) As used in this act, the following terms have the following meanings:

(1) DEFRAUD. A misrepresentation of a material fact made willfully to deceive or with reckless disregard as to its truth or falsity.

(2) SYNTHETIC URINE. A substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.

(3) URINE ADDITIVE. A substance that is designed to be added to human urine.

(b)(1) No person shall knowingly manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test.

(2) No person shall knowingly use his or her urine to defraud an alcohol, drug, or urine screening test if the person's urine was expelled or withdrawn before collection of the urine specimen for the test.

(c) This act does not apply to urine, synthetic urine, or a urine additive that is manufactured, marketed, sold, distributed, used, or possessed solely for educational, medical, or scientific research.

(d)(1) On a first conviction of a violation of subsection (b), the person is guilty of a Class B misdemeanor.

(2) On a second or subsequent conviction of subsection (b), the person is guilty of a Class A misdemeanor.

(e) A person who collects urine specimens for alcohol, drug, or urine screening tests who knows or has reasonable cause to suspect that a person has used synthetic urine or a urine additive to defraud an alcohol, drug, or urine screening test in violation of subsection (b) shall report that knowledge or suspicion to the appropriate law enforcement agency.

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.


Drugs
Drug Tests
Crimes and Offenses
Criminal Law and Procedure