HOUSE
                       3rd Reading Unamended
       February 18, 2014       HOUSE
       Amended 2nd Reading
                     February 17, 2014Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 14-0032.01 Jerry Barry x4341    HOUSE BILL 14-1040
                    HOUSE SPONSORSHIP
 McNulty, 
 
                   SENATE SPONSORSHIP
 Scheffel, 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Business, Labor, Economic, & Workforce Development
 
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning criminal provisions relating to drug testing.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill establishes a level 1 drug misdemeanor for an employee
       who is legally required to undergo drug testing as a condition of the
       person's job and who:
                 Uses a controlled substance without a prescription; or
                 Knowingly defrauds the administration of the drug test.
            The bill establishes a level 2 drug misdemeanor for any other
       person who knowingly defrauds a drug test.
            The bill also creates a level 1 drug misdemeanor for a person to
       offer for sale or to manufacture or sell a device adapted or designed to
       defraud the administration of a drug test. It also creates a level 2 drug
       misdemeanor for the possession of such a device.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 18-18-434      
             as follows:
            18-18-434. Employee's use of controlled substance - defrauding
       the administration of a drug test - definitions. (1) (a)  It is unlawful
       for any person to knowingly defraud the administration of a
       drug test if the person is required, pursuant to rule or
       regulation of the state, of a local agency or public authority,
       or of the federal government, to have a drug test administered
       as a condition of employment or continued employment as:
            (I)  A law enforcement officer;
            (II)  A corrections officer;
            (III)  A driver of a commercial motor vehicle, as defined in
       section 42-2-402, C.R.S.;
            (IV)  An employee of a rail passenger service;
            (V)  A firefighter;
            (VI)  A provider of emergency first-aid or medical services;
       or
            (VII)  Any other occupation that a law requires the
       administration of a drug test as a condition of employment or
       continued employment.
            (b)  It is unlawful for any person other than a person
       described in paragraph (a) of this subsection (1) to knowingly
       defraud the administration of a drug test.
                 
            (2) (a)  A person who violates a provision of paragraph (a)
             of subsection (1) of this section commits an unclassified petty
       offense and shall be punished:
            (I)  For a first offense, by a fine of one thousand dollars;
            (II)  For a second offense, by a fine of two thousand five
       hundred dollars; and
            (III)  For a third or subsequent offense, by a fine of five
       thousand dollars.      
            (b)  A person who violates a provision of paragraph (b) of
       subsection (1) of this section commits an unclassified petty
       offense and shall be punished:
            (I)  For a first offense, by a fine of five hundred dollars;
            (II)  For a second offense, by a fine of one thousand
       dollars; and
            (III)  For a third or subsequent offense, by a fine of two
       thousand five hundred dollars.      
            (3)  As used in this section, "defraud the administration of
       a drug 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 a controlled substance, or a
       metabolite of a controlled substance, in the human body.
       "Defraud the administration of a drug test" specifically
       includes, but is not limited to, the furnishing of urine with the
       purpose that the urine be submitted for urinalysis as a true
       specimen of the person being tested.
                            
            SECTION 2.  Effective date - applicability. This act takes effect
       July 1, 2014, and applies to offenses committed on or after said date.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.