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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, D. COSTA, BOBACK, BOYD, KNOWLES, MANN, READSHAW AND YOUNGBLOOD, FEBRUARY 2, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2011 |
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| AN ACT |
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1 | Providing for the termination of law enforcement officers upon |
2 | testing positive for a controlled substance. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Law |
7 | Enforcement Officer Drug Screening Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Controlled substance." A drug, substance or immediate |
13 | precursor specified in schedules I, II, III, IV and V of section |
14 | 4 of the act of April 14, 1972 (P.L.233, No.64), known as The |
15 | Controlled Substance, Drug, Device and Cosmetic Act. |
16 | "Drug." |
17 | (1) A substance recognized in the official United States |
18 | Pharmacopoeia, or official National Formulary, or any |
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1 | supplement to either of them. |
2 | (2) A substance intended for use in the diagnosis, cure, |
3 | mitigation, treatment or prevention of disease in man or |
4 | other animals. |
5 | (3) A substance, other than food, intended to affect the |
6 | structure or any function of the human body or other animal |
7 | body. |
8 | (4) A substance intended for use as a component of any |
9 | article specified in paragraph (1),(2) or (3), but not |
10 | including devices or their components, parts or accessories. |
11 | "Immediate precursor." A substance which the Secretary of |
12 | Health has found to be, and by regulation designates as being, a |
13 | principal compound commonly used or produced primarily for use, |
14 | and which is an immediate chemical intermediary used or likely |
15 | to be used, in the manufacture of a controlled substance. |
16 | "Law enforcement officer." A person required to be trained |
17 | under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police |
18 | education and training) as well as a Pennsylvania State Police |
19 | officer, probation officer, prison guard, parole officer and any |
20 | person who has arrest powers in this Commonwealth. |
21 | Section 3. Effect of positive test. |
22 | A law enforcement officer who tests positive for a controlled |
23 | substance shall be terminated from his employment as a law |
24 | enforcement officer in this Commonwealth. |
25 | Section 4. Effective date. |
26 | This act shall take effect in 60 days. |
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