PRINTER'S NO. 1168
No. 1031 Session of 1991
INTRODUCED BY DeLUCA, SCHEETZ, NAILOR, GEIST, PETRARCA, VROON,
E. Z. TAYLOR, ITKIN, BUNT, HERMAN, JOHNSON, MELIO, COLAIZZO,
PRESTON, PESCI, TRELLO, HALUSKA, FOX, LAUGHLIN, BLAUM,
STEELMAN, DALEY, BILLOW, KASUNIC, MIHALICH, JAMES, TIGUE,
ADOLPH, PISTELLA, COY, SERAFINI, BATTISTO AND MARKOSEK,
APRIL 8, 1991
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 8, 1991
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for sentencing
3 requirements for law enforcement officers and deputy sheriffs
4 convicted of certain offenses relating to delivery of
5 controlled substances.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 9720. Sentences for law enforcement officers or deputy
11 sheriffs who deliver controlled substances.
12 (a) General rule.--Any law enforcement officer or deputy
13 sheriff who tests positive for, or is convicted of possession,
14 possession with intent to deliver, or delivery of any controlled
15 substance which is classified in Schedule I or Schedule II of
16 the act of April 14, 1972 (P.L.233, No.64), known as The
17 Controlled Substance, Drug, Device and Cosmetic Act, in addition
1 to any other penalty imposed by law, shall lose the
2 certification awarded by the Municipal Police Officers'
3 Education and Training Commission pursuant to the act of June
4 18, 1974 (P.L.359, No.120), referred to as the Municipal Police
5 Education and Training Law, or the certification awarded by the
6 Deputy Sheriffs' Education and Training Board pursuant to the
7 act of February 9, 1984 (P.L.3, No.2), known as the Deputy
8 Sheriffs' Education and Training Act, as the case may be, or, if
9 not certified under either law, shall be removed as a law
10 enforcement officer by order of the sentencing court.
11 (b) Exception.--This section shall not apply to any law
12 enforcement officer or deputy sheriff who tests positive for or
13 is in possession of any controlled substance for which he had a
14 valid prescription.
15 Section 2. This act shall take effect in 60 days.
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