Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 16 First Substitute (2019GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/22/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• makes it a criminal offense to distribute, possess, or sell an adulterant or synthetic urine;
• makes it a criminal offense to defraud an alcohol or drug test using an adulterant, bodily fluid of another person, or bodily fluid expelled or withdrawn before collection for the test;
• exempts from criminal liability a person who distributes, possesses, sells, or uses an adulterant or human or synthetic urine for the sole purpose of education or research; and
• requires the entity that collects specimens for the purpose of testing that becomes aware that an adulterated sample or synthetic urine was submitted for screening report it to the requesting employer and the Department of Public Safety.

Every vote on this bill

Bill text

FRAUDULENT DRUG TESTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Allen M. Christensen
LONG TITLE
General Description:
This bill relates to defrauding an alcohol or drug test.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ makes it a criminal offense to distribute, possess, or sell an adulterant or synthetic
urine;
▸ makes it a criminal offense to defraud an alcohol or drug test using an adulterant,
bodily fluid of another person, or bodily fluid expelled or withdrawn before
collection for the test;
▸ exempts from criminal liability a person who distributes, possesses, sells, or uses an
adulterant or human or synthetic urine for the sole purpose of education or research;
and
▸ requires the entity that collects specimens for the purpose of testing that becomes
aware that an adulterated sample or synthetic urine was submitted for screening
report it to the requesting employer and the Department of Public Safety.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
76-10-2203
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-2203
 is enacted to read:
 76-10-2203.
Possession, sale, or use of an adulterant or synthetic urine.
(1) As used in this section, "adulterant" means a substance that may be added to human
urine or another human bodily fluid to change, dilute, or interfere with the composition,
chemical properties, physical appearance, or physical properties of the urine or other bodily
fluid.
(2) Under circumstances not amounting to a violation of Section 
76-8-510.5
, it is
unlawful for a person to:
(a) distribute, possess, or sell synthetic urine;
(b) distribute or sell an adulterant with:
(i) intent that the adulterant be used to defeat or defraud an alcohol or drug screening
test; or
(ii) knowledge that the recipient of the adulterant intends to use the adulterant to defeat
or defraud an alcohol or drug screening test;
(c) possess an adulterant with intent to use the adulterant to defeat or defraud an
alcohol or drug screening test; or
(d) intentionally use:
(i) an adulterant to defeat or defraud an alcohol or drug screening test;
(ii) the person's urine or bodily fluid to defeat or defraud an alcohol or drug screening
test if the urine or bodily fluid was expelled or withdrawn before the time at which the urine or
bodily fluid is collected for the test; or
(iii) the urine or bodily fluid of another person to defeat or defraud an alcohol or drug
screening test.
(3) A person who violates this section is guilty of an infraction.
(4) A person is not guilty of a violation of this section for engaging in conduct
described in this section for the sole purpose of education or medical or scientific research.
(5) This section does not apply to persons currently under:
(a) court-ordered supervision; or
(b) the supervision of the Board of Pardons and Parole.
(6) An entity that collects specimens for the purpose of testing and screening, and
reports the results back to an employer shall report to the employer and the Department of
Public Safety if a report is received that indicates that adulterated or synthetic urine was
submitted for an alcohol or drug screening test.