Bill Text: NJ S2152 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires random drug testing of law enforcement officers in this State.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-03-05 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S2152 Detail]

Download: New_Jersey-2018-S2152-Introduced.html

SENATE, No. 2152

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED MARCH 5, 2018

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Senator  NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Requires random drug testing of law enforcement officers in this State. 

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act requiring random drug testing of law enforcement officers and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    As used in P.L.     c.     (C.     ) (pending before the Legislature as this bill):

     "County law enforcement agency" means and includes, but is not limited to, a county police department or force established pursuant to N.J.S.40A:14-106, a county corrections department, and a county sheriff's office.

     "Law enforcement officer" means a New Jersey resident employed as a permanent full-time member of any federal, State, county, or municipal law enforcement agency, or department or division of these governments, who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, and rehabilitation of persons violating the criminal laws of this State or of the United States; statutorily required to successfully complete a training course approved by the Police Training Commission pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.) or certified by the commission as being substantially equivalent to an approved course; and authorized to carry a firearm pursuant to N.J.S.2C:39-6.

     "Municipal law enforcement agency" means a police agency, department, or force established pursuant to N.J.S.40A:14-118.

     "State law enforcement agency" means and includes, but is not limited to, the police department of a State agency and the State Department of Corrections, but does not include the State Police.

 

     2.    a.  Every State, county, and municipal law enforcement agency in this State shall implement a random drug testing program for law enforcement officers employed by the agency.

     b.    The random drug testing program shall:

     (1) require that all law enforcement officers of every rank and assignment be eligible for testing;

     (2) specify the number of law enforcement officers to be selected for testing by total number or percentage of officers, which shall be less than the total number of officers employed by the agency;

     (3) establish a method of random selection ensuring that every law enforcement officer employed by the agency has an equal chance of being selected for testing every time a selection occurs;

     (4) establish a system to verify and document the selection process;

     (5) authorize a representative of the appropriate collective bargaining unit to witness the selection process;

     (6) provide that any employee of the agency shall be subject to discipline for disclosing the identity of a law enforcement officer who is selected for random drug testing, or that a random selection is scheduled prior to the collection of any urine specimens;

     (7) establish a method for promptly, efficiently, and confidentially collecting urine specimens from selected law enforcement officers; and

     (8) require that the same penalties imposed on a law enforcement officer who tests positive for the illegal use of drugs are imposed on a selected law enforcement officer who refuses to submit to a random drug test.

 

     3.    The Attorney General shall promulgate guidelines governing the random drug testing required in subsection 1 of P.L.     , c.   (C.) (pending before the Legislature as this bill).

 

     4.    This act shall take effect on the first day of the seventh month next following enactment, but the Attorney General may take any anticipatory action in advance as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill requires law enforcement agencies in this State to conduct random drug testing of the agencies' law enforcement officers.

     Specifically, the bill requires every State, county, and municipal law enforcement agency to implement a random drug testing program for law enforcement officers employed by the agency.

     Under the bill, the random drug testing program implemented by the agency is to:  require all law enforcement officers be eligible for testing; specify the number of officers that are to be selected for testing; establish a method of random selection that ensures every officer has an equal chance of being selected; establish a system to verify and document the selection process; authorize a representative of the appropriate collective bargaining unit to witness the selection process; provide for disciplining any employee of the agency who discloses the identity of a selected officer or that a random selection is scheduled; establish a method for promptly, efficiently, and confidentially collecting urine specimens from selected officers; and require that an officer who refuses testing is to be penalized as if the officer tested positive.

     The bill also requires the Attorney General to promulgate guidelines governing the random drug testing required by the bill.

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