PRIOR PRINTER'S NOS. 2666, 3217 PRINTER'S NO. 3430
No. 2034 Session of 1989
INTRODUCED BY DeLUCA, KASUNIC, COLAIZZO, McNALLY, NOYE,
CAPPABIANCA, PESCI, FARGO, TANGRETTI, DALEY, CARLSON,
FAIRCHILD, MICOZZIE, BILLOW, FOX, HARPER, GIGLIOTTI, ARGALL,
SCHEETZ, WOGAN, MELIO, HERSHEY, FARMER, LINTON, TIGUE,
BELARDI, STABACK, NAILOR, TELEK, B. SMITH, MAIALE, HOWLETT,
LANGTRY, JAMES, MARSICO, PISTELLA, TRICH, YANDRISEVITS,
FREEMAN, JOHNSON, BUNT, ITKIN, SAURMAN, BLAUM, WILLIAMS,
ADOLPH, COLAFELLA AND PETRARCA, OCTOBER 23, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 24, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for sentencing
3 requirements for police LAW ENFORCEMENT officers AND DEPUTY <--
4 SHERIFFS convicted of certain offenses relating to delivery
5 of 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 police LAW ENFORCEMENT officers OR DEPUTY <--
11 SHERIFFS who deliver controlled substances.
12 (a) Removal from position.--Any police officer who is <--
13 convicted of a felony under section 13(a)(14), (30) or (36) of
14 the act of April 14, 1972 (P.L.233, No.64), known as The
15 Controlled Substance, Drug, Device and Cosmetic Act, in addition
16 to any other penalty imposed by The Controlled Substance, Drug,
1 Device and Cosmetic Act, shall be removed as a police officer by
2 order of the sentencing court.
3 (b) Permanent bar.--No person who has been convicted of a
4 felony under section 13(a)(14), (30) or (36) of The Controlled
5 Substance, Drug, Device and Cosmetic Act shall be eligible to
6 serve as a police officer at any time.
7 (A) GENERAL RULE.--ANY LAW ENFORCEMENT OFFICER OR DEPUTY <--
8 SHERIFF WHO TESTS POSITIVE FOR, OR IS CONVICTED OF POSSESSION,
9 POSSESSION WITH INTENT TO DELIVER, OR DELIVERY OF ANY CONTROLLED
10 SUBSTANCE WHICH IS CLASSIFIED IN SCHEDULE I OR SCHEDULE II OF
11 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE
12 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, IN ADDITION
13 TO ANY OTHER PENALTY IMPOSED BY LAW, SHALL LOSE THE
14 CERTIFICATION AWARDED BY THE MUNICIPAL POLICE OFFICERS'
15 EDUCATION AND TRAINING COMMISSION PURSUANT TO THE ACT OF JUNE
16 18, 1974 (P.L.359, NO.120), REFERRED TO AS THE MUNICIPAL POLICE
17 EDUCATION AND TRAINING LAW, OR THE CERTIFICATION AWARDED BY THE
18 DEPUTY SHERIFFS' EDUCATION AND TRAINING BOARD PURSUANT TO THE
19 ACT OF FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN AS THE DEPUTY
20 SHERIFFS' EDUCATION AND TRAINING ACT, AS THE CASE MAY BE, OR, IF
21 NOT CERTIFIED UNDER EITHER LAW, SHALL BE REMOVED AS A LAW
22 ENFORCEMENT OFFICER BY ORDER OF THE SENTENCING COURT.
23 (B) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO ANY LAW
24 ENFORCEMENT OFFICER OR DEPUTY SHERIFF WHO TESTS POSITIVE FOR OR
25 IS IN POSSESSION OF ANY CONTROLLED SUBSTANCE FOR WHICH HE HAD A
26 VALID PRESCRIPTION.
27 Section 2. This act shall take effect in 60 days.
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