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09/26/2024 08:55 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20150&chamber=H&cosponId=17685
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: March 6, 2015 10:58 AM
From: Representative Anthony M. DeLuca
To: All House members
Subject: Law Enforcement Officer Drug Screening (HB 231 of 2013)
 
In the near future I will be re-introducing legislation (HB 231 of 2013) creating the Law Enforcement Officer Drug Screening Act. This Act will provide for the termination of law enforcement officers upon their testing positive for a controlled substance, with the exception of an alternative medical explanation, or a prescription by a licensed physician, or a retest that shows the original test resulted in a false positive.

In this legislation, a controlled substance refers to a drug, substance or immediate precursor specified in schedules I through V of section 4 of the Controlled Substance, Drug, Device and Cosmetic Act.

This legislation is very simple. If a law enforcement officer, sworn to protect and defend our citizens, tests positive for illegal drug use, that officer will be terminated from employment. We cannot tolerate those we entrust to enforce the law, breaking the law in any way.

Furthermore, and specifically, drug use by law enforcement officers can lead to a myriad of difficulties such as, arrests made by them later being thrown out of court, drug evidence being tampered with by addicted officers who have access to that evidence, partners on the force having their safety placed in jeopardy because they are impaired, and any number of other situations that cause harm to befall the public safety and well-being of the residents of our communities.

We need to send a very clear message that illegal drug use by law enforcement officers will not be tolerated and is going to be punished. My proposal will do just that.

I invite you to join me in co-sponsoring this legislation. Thank you.