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    (Section scheduled to be repealed on July 1, 2011)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 This Section is repealed on July 1, 2011.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    (Section scheduled to be repealed on July 1, 2011)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.