Senate Bill S349

2015-2016 Legislative Session

Requires police officers who have discharged their weapon in the course of their employment to be tested for the presence of drugs and/or alcohol

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor 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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2015-S349 (ACTIVE) - Details

See Assembly Version of this Bill:
A5937
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 20-D §§745 - 751, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2592, A1477
2011-2012: S3615, A5004
2013-2014: S1282, S7641, A5240
2017-2018: S4927, A6986

2015-S349 (ACTIVE) - Summary

Requires police officers who have discharged their weapon in the course of their employment to be tested for the presence of drugs and/or alcohol within three hours of such discharge; establishes procedures to protect the integrity of such process; applies to officers employed in cities with a population of 1,000,000 or more.

2015-S349 (ACTIVE) - Sponsor Memo

2015-S349 (ACTIVE) - Bill Text download pdf

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

                                   349

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to drug and  alcohol  testing
  of police officers

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

  Section 1. The labor law is amended by adding a new  article  20-D  to
read as follows:
                               ARTICLE 20-D
               DRUG AND ALCOHOL TESTING OF POLICE OFFICERS
SECTION 745. DEFINITIONS.
        746. DRUG AND ALCOHOL TESTING OF POLICE OFFICERS.
        747. TESTING PROCEDURES.
        748. CONFIDENTIALITY.
        749. RELATION TO COLLECTIVE BARGAINING.
        750. APPLICABILITY.
        751. SEVERABILITY.
  S  745.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ALCOHOL" MEANS ANY BEVERAGE LISTED IN SECTION THREE OF  THE  ALCO-
HOLIC BEVERAGE CONTROL LAW.
  2. "CONTROLLED SUBSTANCE" OR "DRUG" MEANS ANY ITEM OR SUBSTANCE LISTED
IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  3. "EMPLOYEE" OR "POLICE OFFICER" MEANS A POLICE OFFICER AS DEFINED IN
SECTION  1.20  OF  THE  CRIMINAL PROCEDURE LAW WHO IS EMPLOYED IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
  4. "EMPLOYER" MEANS THE CITY WITH A POPULATION OF ONE MILLION OR  MORE
WHICH  EMPLOYS  THE  POLICE OFFICER WHO IS THE SUBJECT OF A TEST FOR THE
PRESENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01589-01-5
              

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