Chapter 141

2009 – S 0272

Enacted 07/16/09

A N A C T

RELATING TO CRIMINAL OFFENSES - FRAUD AND FALSE DEALING

Introduced By: Senators Doyle, Connors, and McCaffrey

Date Introduced: February 11, 2009

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 11-18 of the General Laws entitled "Fraud and False Dealing" is

hereby amended by adding thereto the following section:

11-18-33. Defrauding the administration of a drug or alcohol test. – (a) As used in

this section, "defraud the administration of a drug or alcohol test" means to submit a substance

that purports to be from a person other than its actual source, or purports to have been excreted or

collected at a time other than when it was actually excreted or collected, or to otherwise engage in

conduct intended to produce a false or misleading outcome of a test for the presence of alcohol or

a chemical, drug or controlled dangerous substance, or metabolite of a drug or controlled

dangerous substance, in the human body. It shall specifically include, but not be limited to, the

furnishing of urine with the purpose that the urine be submitted for urinalysis as a true specimen

of a person.

(b) Any person who offers for sale or rental, or who manufactures, markets, sells,

transfers or gives to any person, any instrument or tool, devise or substance adapted, designed or

commonly used to defraud the administration of a drug or alcohol test with the intent to defraud

the administration, is guilty of a misdemeanor and subject to imprisonment for up to one year and

a fine of one thousand dollars ($1,000), or both.

(c) Any person who knowingly defrauds the administration of a drug or alcohol test that

is administered as a condition of monitoring a person on bail, in custody or on parole, probation

or pretrial intervention, or any other form of supervision administered in connection with a

criminal offense or juvenile delinquency matter, is guilty of a misdemeanor and subject to

imprisonment for up to one year and a fine of one thousand dollars ($1,000), or both.

SECTION 2. This act shall take effect upon passage.

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LC00307

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