SENATE BILL NO. 1281


   September 16, 1998, Introduced by Senator BOUCHARD and referred   
        to the Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 42c.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 42C.  (1) A PERSON SHALL NOT USE, DELIVER, SELL, OFFER

 2    FOR SALE, OR ADVERTISE FOR SALE A SUBSTANCE OR DEVICE THAT IS

 3    INTENDED TO BE USED TO FALSIFY OR DISTORT THE RESULTS OF A DRUG

 4    TEST REQUIRED OR AUTHORIZED BY LAW.

 5         (2) AS USED IN THIS SECTION:

 6         (A) "CONTROLLED SUBSTANCE" MEANS THAT TERM AS DEFINED IN

 7    SECTION 7104 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL

 8    333.7104.

 9         (B) "DELIVER" MEANS THAT TERM AS DEFINED IN SECTION 7105 OF

10    THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7105.




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 1         (C) "DRUG TEST" MEANS THE EXAMINATION OF A BODILY FLUID OR

 2    SPECIMEN TO DETERMINE THE PRESENCE OF A CONTROLLED SUBSTANCE OR A

 3    METABOLITE OF A CONTROLLED SUBSTANCE.

 4         (3) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDE-

 5    MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A

 6    FINE OF NOT MORE THAN $1,000.00, OR BOTH.












































   06254'98          Final page.                            JJG