Assembly Bill A5929

2013-2014 Legislative Session

Requires police officers to submit to random drug and alcohol tests

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5929 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Executive Law
Laws Affected:
Add ยง169-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7553
2011-2012: A1609

2013-A5929 (ACTIVE) - Summary

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

2013-A5929 (ACTIVE) - Bill Text download pdf 

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

                                  5929

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- 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.
                                                           LBD09361-01-3

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