1Amending Title 44 (Law and Justice) of the Pennsylvania
2Consolidated Statutes, in constables, providing for drug
3testing.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 44 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 7104. Drug testing.

9(a) General rule.--The county sheriff shall perform a drug
10test on a constable or deputy constable within 30 days of the
11constable or deputy constable's being elected, reelected or
12appointed to office.

13(b) Random drug testing.--The county sheriff may randomly,
14with or without probable cause, perform a drug test on a
15constable or deputy constable.

16(c) Removal.--A constable or deputy constable shall be
17removed from office by a court of common pleas with competent
18jurisdiction if:

1(1) as a result of drug testing conducted pursuant to
2this section, the constable or deputy constable tests
3positive for a controlled substance;

4(2) the court finds that the constable or deputy
5constable has refused to be drug tested by the county sheriff
6pursuant to this section; or

7(3) the court finds that the constable or deputy
8constable is unable to perform his duties as a result of a
9prescribed controlled substance.

10(d) Replacement.--Upon removal under subsection (c), the
11court may appoint a suitable individual to fill the vacancy of
12constable or deputy constable until a successor is elected or
13appointed as provided in this chapter.

14(e) Costs.--The cost of all drug testing of constables and
15deputy constables in a county pursuant to this section shall be
16paid for by the county court system of the county.

17(f) Prescribed controlled substances.--

18(1) If a constable takes a prescribed controlled
19substance, a copy of the physician's order shall be provided
20to his direct supervisor.

21(2) If a deputy constable takes a prescribed controlled
22substance, a copy of the physician's order shall be provided
23to the constable and the constable's direct supervisor.

24(3) The physician's order shall include the following
25information:

26(i) The type of controlled substance prescribed.

27(ii) How often the controlled substance needs to be
28taken.

29(iii) How long the prescribed controlled substance
30will need to be taken.

1(iv) Whether the constable or deputy constable will
2be able to perform his duties while on the prescribed
3controlled substance.

4(g) Direct supervisors.--

5(1) (i) The direct supervisor of a constable shall
6determine whether the constable or deputy constable who
7takes a prescribed controlled substance is able to
8continue performing his official duties and, if the
9constable or deputy constable is unable to do so, the
10direct supervisor shall order the constable or deputy
11constable to take a leave of absence.

12(ii) A constable shall have the same power as his
13direct supervisor has under this paragraph to make such
14determinations and orders for a deputy constable of whom
15he is the direct supervisor.

16(2) (i) The direct supervisor of a constable may
17request the court of common pleas with competent
18jurisdiction to remove the constable or deputy constable
19from office because of his inability to perform his
20official duties.

21(ii) A constable shall have the same power as his
22direct supervisor has under this paragraph to request
23removal of a deputy constable of whom he is the direct
24supervisor.

25(h) Exceptions.--No constable or deputy constable may be
26removed from office for testing positive for a controlled
27substance if the controlled substance has been taken:

28(1) In accordance with a valid prescription.

29(2) With permission by the constable or constable's
30direct supervisor to carry out his official duties while

1under the effects of the prescribed controlled substance.

2(i) Definitions.--The following words and phrases as used in
3this section shall have the meaning given to them in this
4subsection unless the context clearly indicates otherwise:

5"Controlled substance." A drug, substance or immediate
6precursor specified in schedules I, II, III and IV of section 4
7of the act of April 14, 1972 (P.L.233, No.64), known as the
8Controlled Substance, Drug, Device, and Cosmetic Act.

9"Drug." Any of the following:

10(1) A substance recognized in the official United States
11Pharmacopeia, official National Formulary or any supplement
12to either of them.

13(2) A substance intended for use in the diagnosis, cure,
14mitigation, treatment or prevention of disease in man or
15other animals.

16(3) A substance, other than food, intended to affect the
17structure or any function of the human body or other animal
18body.

19(4) A substance intended for use as a component of any
20article specified in paragraph (1), (2) or (3), but not
21including any device or any component, part or accessory of a
22device.

23"Immediate precursor." A substance which the Secretary of
24Health has found to be, and by regulation designates as being, a
25principal compound commonly used or produced primarily for use,
26and which is an immediate chemical intermediary used or likely
27to be used in the manufacture of a controlled substance.

28Section 2. This act shall take effect in 60 days.