| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 096-0132
Public Act 0132 96TH GENERAL ASSEMBLY
|
Public Act 096-0132 |
HB0272 Enrolled |
LRB096 04765 NHT 14829 b |
|
| AN ACT concerning education.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 3. The State Finance Act is amended by adding | Section 5.719 as follows: | (30 ILCS 105/5.719 new) | (Section scheduled to be repealed on July 1, 2011) | Sec. 5.719. The Performance-enhancing Substance Testing | Fund. This Section is repealed on July 1, 2011. | Section 5. The Interscholastic Athletic Organization Act | is amended by adding Section 1.5 as follows: | (105 ILCS 25/1.5 new) | (Section scheduled to be repealed on July 1, 2011) | Sec. 1.5. Prevention of use of performance-enhancing | substances in interscholastic athletics; random testing of | interscholastic athletes. | (a) In this Section, "association" means the Illinois High | School Association. | (b) The association shall prohibit a student from | participating in an athletic competition sponsored or | sanctioned by the association unless the following conditions |
| are met: | (1) the student agrees not to use any | performance-enhancing substances on the association's most | current banned drug classes list, and, if the
student is | enrolled in high school, the student submits to random
| testing for the presence of these substances in the | student's body,
in accordance with the program established | under subsection (d) of this Section; and | (2) the association obtains from the student's parent a | statement signed by the parent and acknowledging the | following: | (A) that the parent's child, if enrolled in high
| school, may be subject to random performance-enhancing | substance testing; | (B) that State law prohibits possessing, | dispensing,
delivering, or administering a | performance-enhancing substance in a manner not | allowed by State law; | (C) that State law provides that bodybuilding,
| muscle enhancement, or the increase of muscle bulk or | strength through the use of a performance-enhancing | substance by a person who is in good health is not a | valid medical purpose; | (D) that only a licensed practitioner with
| prescriptive authority may prescribe a | performance-enhancing substance for
a person; and |
| (E) that a violation of State law concerning
| performance-enhancing substances is a criminal offense | punishable by confinement in jail or imprisonment. | (c) The association shall require that each athletic coach | for an extracurricular athletic activity sponsored or
| sanctioned by the association at or above the 9th
grade level | complete an educational program on the prevention of abuse of | performance-enhancing substances developed by the association. | The association shall also require the person to complete an | exam developed by the association showing a minimum proficiency | of understanding in methods to prevent the abuse of | performance-enhancing substances by students. | (d) The Department of Public Health shall provide oversight | of the annual
administration of a performance-enhancing | substance testing program by the association under which high | school students participating in an athletic competition | sponsored or sanctioned by the association are tested at | multiple times throughout the athletic season for the presence | of performance-enhancing substances on the association's most | current banned drug classes list in the students' bodies. The | association may alter its current performance-enhancing | substance testing program to comply with this subsection (d). | The testing program must do the following: | (1) require the random testing of at least 1,000 high | school students in this State who participate in athletic | competitions sponsored or sanctioned by the
association; |
| (2) provide for the selection of specific students
| described in subdivision (1) of this subsection (d) for | testing through a process that randomly selects students | from a single pool consisting of all students who | participate in any activity for which the association
| sponsors or sanctions athletic competitions; | (3) be administered at approximately 25% of the
high | schools in this State that participate in athletic
| competitions sponsored or sanctioned by the association; | (4) provide for a process for confirming any initial
| positive test result through a subsequent test conducted as | soon
as practicable after the initial test, using a sample | that was
obtained at the same time as the sample used for | the initial test; | (5) require the testing to be performed only by a | performance-enhancing substance testing laboratory with | current certification
from the Substance Abuse and Mental | Health Services Administration
of the United States | Department of Health and Human Services,
the World | Anti-Doping Agency, or another appropriate national or
| international-certifying organization; the testing | laboratory must be chosen following State procurement | procedures; | (6) require that a trained observer, of the appropriate | sex, witness the student provide the test sample; | (7) require that the student be chaperoned by a |
| school-designated official from the time he or she is | notified of the test until he or she has completed | delivering the test sample; | (8) provide for a period of ineligibility from
| participation in an athletic competition sponsored or | sanctioned by
the association for any student with a | confirmed positive test result or any student who refuses | to submit to random testing; | (9) provide for a school or team penalty on a | case-by-case basis, to be determined by the contribution of | a student with a confirmed positive test result to the team | or the school's lack of enforcement of the rules of the | testing program or both; | (10) provide for a penalty for any coach who knowingly | violates the rules of the testing program; and | (11) require that coaches be responsible for providing | a copy of the association's most current banned drug | classes list to every high school student participating in | an athletic competition sponsored or sanctioned by the | association. | The Department of Public Health may adopt rules for the | administration of this Section. | (e) Results of a performance-enhancing substance test | conducted under subsection (d)
of this Section are confidential | and, unless required by court order, may be disclosed only to | the student and the student's parent and the
activity |
| directors, principal, and assistant principals of the
school | attended by the student. | (f) The Performance-enhancing Substance Testing Fund is | created as a special fund in the State treasury. All money in | the Fund shall be used, subject to appropriation, by the | Department of Public Health to distribute as grants to pay the | costs of the performance-enhancing substance testing program | established under subsection (d) of this Section. The General | Assembly may appropriate additional funding for the testing | program, to be distributed as grants through the Department of | Public Health. | (g) Subdivision (1) of subsection (b) of this Section does | not apply to the use by a student of a performance-enhancing | substance that is dispensed, prescribed, delivered, or | administered by a medical practitioner for a valid medical | purpose
and in the course of professional practice, and the | student is not
subject to a period of ineligibility under | subdivision (8) of subsection (d) of this Section on the basis | of that use as long as the student's coach has provided the | student with a copy of the association's most current banned | drug classes list, the student has consulted with his or her | medical practitioner to confirm the valid use of the substance, | and the student has notified his or her coach or a school | administrator of a prescription for the use of the substance | for valid medical purposes. Students that are prescribed such a | substance, after receiving a copy of the association's most |
| current banned drug classes list, are required to provide | notice of that prescription at the time the prescription is | issued. Any information concerning a student's use of a | performance-enhancing substance obtained by a coach or school | administrator under this subsection (g) is confidential and may | be disclosed only to those persons necessary to the | determination of eligibility under this subsection (g). | (h) Neither the association nor any of its directors or | employees shall be liable and no cause of action may be brought | against the association or any of its directors or employees | for damages in connection with the performance of the | association's responsibilities under this Section, unless an | act or omission involved willful or wanton conduct. | (i) This Section is repealed on July 1, 2011. | Section 10. The Unified Code of Corrections is amended by | changing Section 5-9-1.1 as follows:
| (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
| (Text of Section from P.A. 94-550)
| Sec. 5-9-1.1. Drug related offenses.
| (a) When a person has been adjudged guilty of a drug | related
offense involving possession or delivery of cannabis or | possession or delivery
of a controlled substance, other than | methamphetamine, as defined in the Cannabis Control Act, as | amended,
or the Illinois Controlled Substances Act, as amended, |
| in addition to any
other penalty imposed, a fine shall be | levied by the court at not less than
the full street value of | the cannabis or controlled substances seized.
| "Street value" shall be determined by the court on the | basis of testimony
of law enforcement personnel and the | defendant as to the amount seized and
such testimony as may be | required by the court as to the current street
value of the | cannabis or controlled substance seized.
| (b) In addition to any penalty imposed under subsection (a) | of this
Section, a fine of
$100 shall be levied by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act
for deposit into the Trauma
Center Fund | for distribution as provided under Section 3.225 of the | Emergency
Medical Services (EMS) Systems Act.
| (c) In addition to any penalty imposed under subsection (a) | of this
Section, a fee of $5 shall be assessed by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act for deposit into the Spinal Cord
Injury | Paralysis Cure Research Trust Fund.
This additional fee of $5 | shall not be considered a part of the fine for
purposes of any | reduction in the fine for time served either before or after
| sentencing.
| (d) In addition to any penalty imposed under subsection (a) | of this
Section for a drug related
offense involving possession |
| or delivery
of cannabis or possession or delivery of a | controlled substance as defined in the Cannabis Control Act, | the Illinois Controlled Substances Act, or the Methamphetamine | Control and Community Protection Act, a fee of $50 shall be | assessed by the court, the proceeds of which
shall be collected | by the Circuit Clerk and remitted to the State Treasurer
under | Section 27.6 of the Clerks of Courts Act for deposit into the | Performance-enhancing Substance Testing Fund.
This additional | fee of $50 shall not be considered a part of the fine for
| purposes of any reduction in the fine for time served either | before or after
sentencing. The provisions of this subsection | (d), other than this sentence, are inoperative after June 30, | 2011. | (Source: P.A. 94-550, eff. 1-1-06.)
| (Text of Section from P.A. 94-556)
| Sec. 5-9-1.1. Drug related offenses.
| (a) When a person has been adjudged guilty of a drug | related
offense involving possession or delivery of cannabis or | possession or delivery
of a controlled substance as defined in | the Cannabis Control Act, the Illinois Controlled Substances | Act, or the Methamphetamine Control and Community Protection | Act, in addition to any
other penalty imposed, a fine shall be | levied by the court at not less than
the full street value of | the cannabis or controlled substances seized.
| "Street value" shall be determined by the court on the |
| basis of testimony
of law enforcement personnel and the | defendant as to the amount seized and
such testimony as may be | required by the court as to the current street
value of the | cannabis or controlled substance seized.
| (b) In addition to any penalty imposed under subsection (a) | of this
Section, a fine of $100 shall be levied by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act for deposit into the Trauma
Center Fund | for distribution as provided under Section 3.225 of the | Emergency
Medical Services (EMS) Systems Act.
| (c) In addition to any penalty imposed under subsection (a) | of this
Section, a fee of $5 shall be assessed by the court, | the proceeds of which
shall be collected by the Circuit Clerk | and remitted to the State Treasurer
under Section 27.6 of the | Clerks of Courts Act for deposit into the Spinal Cord
Injury | Paralysis Cure Research Trust Fund.
This additional fee of $5 | shall not be considered a part of the fine for
purposes of any | reduction in the fine for time served either before or after
| sentencing.
| (d) In addition to any penalty imposed under subsection (a) | of this
Section for a drug related
offense involving possession | or delivery
of cannabis or possession or delivery of a | controlled substance as defined in the Cannabis Control Act, | the Illinois Controlled Substances Act, or the Methamphetamine | Control and Community Protection Act, a fee of $50 shall be |
| assessed by the court, the proceeds of which
shall be collected | by the Circuit Clerk and remitted to the State Treasurer
under | Section 27.6 of the Clerks of Courts Act for deposit into the | Performance-enhancing Substance Testing Fund.
This additional | fee of $50 shall not be considered a part of the fine for
| purposes of any reduction in the fine for time served either | before or after
sentencing. The provisions of this subsection | (d), other than this sentence, are inoperative after June 30, | 2011. | (Source: P.A. 94-556, eff. 9-11-05 .)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/7/2009
|
|
|