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Mandatory Drug Testing for Officer Involved Shootings

9/21/2017 6:15:00 PM

First,

As of January 1, 2016, the Police Community Relations Improvement Act requried each law enforcement agency to have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by that law enforcement agency. 

 

Second,

As of August 25, 2017 Agencies needed to update that policy to meet this drug alcohol testing mandate.

 

Third,

Talk to whomever would conduct your criminal investigation and confirm their responsibilities under the act and your policy. Some of the investigating groups may say this mandate is an "administrative action" and they will not complete this action during their criminal investigation. This means you will have to take the steps to comply. There are  questions as to implementation, such as what if the officer was off-duty and takes enforcement action? (add in all of the potential complications in a restaurant, at a wedding reception, etc)

 

UPDATED SAMPLE POLICY- There is a sample policy located on this website under the "members" tab and on the "resource"page. You must have an account to reach this page.

 

Synopsis As Introduced

Amends the Police and Community Relations Improvement Act. Provides that each law enforcement agency shall adopt a written policy regarding drug testing following an officer-involved shooting.

Provides that the written policy adopted by the law enforcement agency must include the following requirements:

(1) each law enforcement officer who is involved in an officer-involved shooting must submit to alcohol and drug testing; and

(2) the alcohol and drug testing must be completed as soon as possible after the shooting but no later than one hour after the officer-involved shooting. Defines "officer-involved shooting". Effective immediately.

TAKE NOTE OF HOW "OFFICER -INVOLVED SHOOTING" is defined below

 

50 ILCS 727/1-25 -new

 

 

Section 5. The Police and Community Relations Improvement
Act is amended by adding Section 1-25 as follows:
 
    (50 ILCS 727/1-25 new)
    Sec. 1-25. Drug and alcohol testing.
    (a) As used in this Section, "officer-involved shooting"
means any instance when a law enforcement officer discharges
his or her firearm, causing injury or death to a person or
persons, during the performance of his or her official duties
or in the line of duty.
    (b) Each law enforcement agency shall adopt a written
policy regarding drug and alcohol testing following an
officer-involved shooting. The written policy adopted by the
law enforcement agency must include the following
requirements:
        (1) each law enforcement officer who is involved in an
    officer-involved shooting must submit to drug and alcohol
    testing; and
        (2) the drug and alcohol testing must be completed as
    soon as practicable after the officer-involved shooting
    but no later than the end of the involved officer's shift
 
    or tour of duty.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Posted In: Legal Updates, Legislation/New laws, Officer Involved Shootings, Use of Force,
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