PRINTER'S NO. 3350
No. 2387 Session of 2002
INTRODUCED BY GORDNER, ALLEN, CAPPELLI, M. COHEN, COLAFELLA,
DALEY, DALLY, FEESE, GEIST, GEORGE, HARHAI, HENNESSEY,
HERMAN, HORSEY, McILHATTAN, PISTELLA, ROEBUCK, SATHER,
SAYLOR, SCRIMENTI, SOLOBAY, J. TAYLOR, THOMAS, TIGUE,
WASHINGTON, WOJNAROSKI AND YOUNGBLOOD, MARCH 5, 2002
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2002
AN ACT
1 Amending the act of October 15, 1980 (P.L.950, No.164), entitled
2 "A supplement to the act of April 9, 1929 (P.L.177, No.175),
3 entitled "An act providing for and reorganizing the conduct
4 of the executive and administrative work of the Commonwealth
5 by the Executive Department thereof and the administrative
6 departments, boards, commissions, and officers thereof,
7 including the boards of trustees of State Normal Schools, or
8 Teachers Colleges; abolishing, creating, reorganizing or
9 authorizing the reorganization of certain administrative
10 departments, boards, and commissions; defining the powers and
11 duties of the Governor and other executive and administrative
12 officers, and of the several administrative departments,
13 boards, commissions, and officers; fixing the salaries of the
14 Governor, Lieutenant Governor, and certain other executive
15 and administrative officers; providing for the appointment of
16 certain administrative officers, and of all deputies and
17 other assistants and employes in certain departments, boards,
18 and commissions; and prescribing the manner in which the
19 number and compensation of the deputies and all other
20 assistants and employes of certain departments, boards and
21 commissions shall be determined," implementing the addition
22 of section 4.1 to Article IV of the Constitution of
23 Pennsylvania; establishing the Office of Attorney General
24 elected by the citizens and setting forth powers and duties
25 of the Attorney General; creating an Office of General
26 Counsel and providing for legal services for Commonwealth
27 agencies; transferring, reorganizing or reconstituting
28 certain boards, commissions and agencies; placing certain
29 duties upon the courts and district attorneys; repealing
30 certain acts and parts of acts and making appropriations,"
31 providing for powers of the Bureau of Narcotics Investigation
1 and Control.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. The act of October 15, 1980 (P.L.950, No.164),
5 known as the Commonwealth Attorneys Act, is amended by adding a
6 section to read:
7 Section 205.1. Bureau of Narcotics Investigation and Control.
8 (a) Establishment.--The Office of Attorney General may
9 establish a Bureau of Narcotics Investigation and Control which
10 shall be responsible for investigating any violations of the act
11 of April 14, 1972 (P.L.233, No.64), known as "The Controlled
12 Substance, Drug, Device and Cosmetic Act," and any regulations
13 promulgated pursuant thereto.
14 (b) Duties.--The Attorney General shall employ sufficient
15 personnel to perform the duties specified under this section,
16 may designate specific officers and employees of the Bureau of
17 Narcotics Investigation and Control as law enforcement personnel
18 and may authorize such personnel to:
19 (1) Carry firearms in the performance of their official
20 duties.
21 (2) Execute and serve search warrants, arrest warrants,
22 subpoenas and summonses issued under authority of the
23 Commonwealth.
24 (3) While in the performance of their official duties,
25 make arrests without warrant for any criminal offense
26 committed in their presence.
27 (4) Make seizures of property.
28 (c) Construction.--Nothing in this section shall be
29 construed:
30 (1) To limit the authority of any other law enforcement
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1 agency to investigate violations of "The Controlled
2 Substance, Drug, Device and Cosmetic Act."
3 (2) To change the status of Bureau of Narcotics
4 Investigation and Control as law enforcement personnel for
5 the purposes of the act of July 23, 1970 (P.L.563, No.195),
6 known as the "Public Employe Relations Act," or cause Bureau
7 of Narcotics Investigation and Control as law enforcement
8 personnel to be considered policemen for the purposes of the
9 act of June 24, 1968 (P.L.237, No.111), referred to as the
10 Policemen and Firemen Collective Bargaining Act.
11 Section 2. This act shall take effect in 60 days.
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