read:
Amend Bill, page 14, by inserting between lines 9 and 10
(b) Authorized users.--The following individuals may query
the system according to procedures determined by the board and
with the following limitations:
* * *
(3) (i) The Office of Attorney General shall query the
system on behalf of all law enforcement agencies,
including, but not limited to, the Office of the Attorney
General and Federal, State and local law enforcement
agencies for:
(A) Schedule II controlled substances as
indicated in the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, and in the manner determined
by the Pennsylvania Attorney General pursuant to 28
Pa. Code ยง 25.131 (relating to every dispensing
practitioner);
(B) all other schedules upon receipt of a court
order obtained by the requesting law enforcement
agency. Upon receipt of a motion under this clause,
the court may enter an ex parte order granting the
motion if the law enforcement agency has demonstrated
by a preponderance of the evidence that:
(I) the motion pertains to a person who is
the subject of an active criminal investigation
with a reasonable likelihood of securing an
arrest or prosecution in the foreseeable future;
and
(II) there is reasonable suspicion that a
criminal act has occurred.
(ii) Data obtained by a law enforcement agency under
this paragraph shall only be used to establish probable
cause to obtain a search warrant or arrest warrant.
(iii) Requests made to the Office of Attorney
General to query the system under this paragraph shall be
made in a form or manner prescribed by the Office of
Attorney General and shall include the court order, when
applicable. Each individual designee of the Office of
Attorney General shall have a unique identifier when
accessing the system.
(iv) The Office of Attorney General shall not query
the system for information regarding a drug-related
overdose event.
* * *
(12) An authorized employee of a county or municipal
health department may query the system if the employee has a
unique identifier when accessing the system and the employee
accesses the system for any of the following purposes:
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