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Assembly Bill A7553

2009-2010 Legislative Session

Requires police officers to submit to random drug and alcohol tests

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Archive: Last Bill Status - In Assembly Committee

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2009-A7553 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Executive Law
Laws Affected:
Add ยง169-a, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1609
2013-2014: A5929

2009-A7553 (ACTIVE) - Summary

Requires police officers to submit to random drug and alcohol tests no less than four times in any given twelve month span.

2009-A7553 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7553

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 14, 2009
                               ___________

Introduced by M. of A. ORTIZ, ESPAILLAT -- read once and referred to the
  Committee on Governmental Employees

AN  ACT to amend the executive law, in relation to requiring random drug
  and alcohol testing for certain police officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The executive law is amended by adding a new section 169-a
to read as follows:
  S 169-A. RANDOM DRUG AND ALCOHOL TESTING OF CERTAIN  POLICE  OFFICERS.
1.  ANY  PERSON  WHO  FALLS  UNDER  THE  DEFINITION OF POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE LAW SHALL BE SUBJECT TO RANDOM DRUG AND ALCOHOL TESTS.
  2.  THE  DEPARTMENT, DIVISION, PRECINCT OR ANY OTHER CLASSIFICATION OF
POLICE OFFICERS SHALL BE RESPONSIBLE FOR  REQUIRING  THEIR  OFFICERS  TO
SUBMIT  TO  RANDOM DRUG AND ALCOHOL TESTS NO LESS THAN FOUR TIMES IN ANY
GIVEN TWELVE MONTH SPAN.
  3. IF ANY OFFICER SHALL TEST POSITIVE FOR AN ILLEGAL SUBSTANCE OR  THE
PRESENCE  OF  ALCOHOL  WHILE  SUCH OFFICER IS ON DUTY, THEN SUCH OFFICER
SHALL BE IMMEDIATELY SUSPENDED. THE OFFICER SHALL BE REQUIRED TO UNDERGO
DRUG AND ALCOHOL TREATMENT AND COUNSELING. THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT APPLY IF THE  OFFICER  WAS  AUTHORIZED  BY  A  LICENSED
PHYSICIAN TO USE SUCH SUBSTANCE.
  4.  A  SECOND VIOLATION OF THIS SECTION BY ANY OFFICER SHALL RESULT IN
THE IMMEDIATE DISMISSAL OF SUCH OFFICER FROM HIS OR HER POLICE  UNIT.  A
HEARING  SHALL  BE  HELD  WITHIN THIRTY DAYS OF SUCH DISMISSAL TO ENSURE
THAT THE DISMISSAL WAS WARRANTED.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10934-01-9

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