Montana LC LC0626
UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING THE OFFENSE OF DEFRAUDING AN ALCOHOL OR DRUG SCREENING TEST; AND PROVIDING PENALTIES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Defrauding alcohol or drug screening test -- penalty. (1) A person commits the offense of defrauding an alcohol or drug screening test if the person purposely or knowingly:
(a) (i) sells, gives away, distributes, or markets urine in this state or transports urine into this state with the intent that the urine be used to defraud an alcohol or drug screening test;
(ii) attempts to foil or defeat an alcohol or drug screening test by the substitution of or spiking of a urine sample or by the advertisement of a sample substitution or other spiking device or measure;
(b) (i) adulterates a urine sample or other bodily fluid sample with the intent to defraud an alcohol or drug screening test;
(ii) possesses an adulterant that is intended to be used to adulterate a urine sample or other bodily fluid sample with the intent to defraud an alcohol or drug screening test; or
(iii) sells an adulterant with the intent that the adulterant be used to adulterate a urine sample or other bodily fluid sample for the purpose of defrauding an alcohol or drug screening test.
(2) (a) A person convicted of defrauding an alcohol or drug screening test shall be imprisoned in the county detention center for a term not to exceed 6 months, fined an amount not to exceed $500, or both.
(b) On a second or subsequent conviction of defrauding an alcohol or drug screening test, the person shall be imprisoned in a state prison for a term not to exceed 2 years, fined an amount not to exceed $5,000, or both.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 45, chapter 9, part 1, and the provisions of Title 45, chapter 9, part 1, apply to [section 1].
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Latest Version of LC 626 (LC0626.01)
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