hb4803 intr

H. B. 4803

(By Delegates Givens, Amores, Hines, Faircloth, L. White, Mahan and Hunt)

(Originating in the House Committee on the Judiciary)
[, 2000]

A BILL to amend article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto two new sections, designated sections forty-four and forty-five, all relating to the West Virginia state police; and requiring the superintendent to establish a drug and alcohol testing policy and a critical incident stress management policy.

Be it enacted by the Legislature of West Virginia:

That article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto two new sections, designated sections forty-four and forty-five, all to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-44. Drug or alcohol testing.
(a) The Legislature finds that:

(1) The critical mission of law-enforcement requires the maintenance of an alcohol and drug free work environment and that the law-enforcement profession has several uniquely compelling interests that justify the use of drug and alcohol testing;

(2) The citizens of the state of West Virginia have a right to expect that employees of the West Virginia state police are at all times both physically and mentally able to perform their duties;

(3) The abuse of drugs or alcohol seriously impairs any employee's physical and mental health and, therefore, his or her job performance; and

(4) The abuse of drugs or alcohol by law-enforcement professionals destroys the integrity of the law-enforcement profession and the public's confidence in its law-enforcement community.

(b) On or before the first day of July, two thousand, the superintendent shall establish a drug and alcohol testing policy.

(1) Require a program of unannounced, random drug or alcohol testing in which no less than one-third of the employees of the state police are required to undergo a drug or alcohol test each calendar year;

(2) Subject all employees of the state police to for cause alcohol or drug testing upon reasonable suspicion that an employee has recently used, is using or is under the influence of a controlled substance, as defined in subsection (d), section one-hundred one, article one, chapter sixty-a of this code, or alcohol or is using prescription or over-the-counter drugs in an inappropriate manner;

(3) Allows the superintendent to test any employees of the state police who have been involved in a critical incident or who, as the driver of a state police vehicle, have been involved in a traffic crash that resulted in the personal injury or the death of any person.

(4) Require all employees of the state police who have a reasonable good faith suspicion that another employee of the state police is illegally using any controlled substance, as defined in subsection (d), section one-hundred one, article one, chapter sixty-a of this code; is improperly taking any prescription or over-the-counter drug; or is using alcohol during working hours to immediately report this suspicion to a designated employee of the state police;

(5) Require the superintendent to place employees who test positively for alcohol or drugs either on administrative leave or restricted duty and require an immediate second test for any drug which is detected by the first test before any final disciplinary action is taken;

(6) Allow the superintendent to require certain conditions of continuing employment, including counseling, for those employees who have tested positively for alcohol or drugs; and

(7) Allow the superintendent to terminate the employment of any employee who has tested positively for alcohol or drugs.

(1) "Alcohol or drug test" or "alcohol or drug testing" means the compulsory production and submission of urine by an employee of the state police for the purpose of analysis to detect prohibited drug or alcohol use;

(2) "Critical incident" means an event where an employee of the state police has, in the official discharge of his or her duties, employed potentially lethal force;

(3) "Employee of the state police" means all persons empowered under the provisions of section twelve, article two, chapter fifteen of this code with statewide law-enforcement powers and who has taken and subscribed to the oath of office as required by section fourteen, article two, chapter fifteen of this code and all other critical service staff.

(4) "Reasonable good faith suspicion" means a belief based on specific objective facts and any rationally derived inferences from those facts about the conduct of an individual that would lead a reasonable person to suspect that an individual is or has been using drugs or alcohol in an inappropriate manner; and

(5) "Superintendent" means the superintendent of the West Virginia state police or his or her designee.

(d) The policy created pursuant to this section is to be filed in the state register.
§15-2-45. Critical incident stress management policy.

(a) On or before the first day of July, two thousand, the superintendent shall establish a critical incident stress management policy.

(b) Any critical incident stress management policy must include provisions which:

(1) Require the superintendent to place any employee of the state police who has been directly involved in a critical incident on administrative leave or restricted duty pending an evaluation and counseling by a designated employee or contractor of the state police in order to assist in deterring any emotional or physical problems that may occur as a result of exposure of the employee to the critical incident;

(2) Require any employee of the state police involved in a critical incident to contact a designated employee or contractor of the state police within seventy-two hours of the critical incident for evaluation and counseling;

(3) Require the supervisor of any employee of the state police involved in a critical incident, or his or her designee, to immediately proceed to the scene of the critical incident and assume primary responsibility for the welfare of the involved employee;

(4) Encourage members of the family of the employee of the state police involved in a critical incident to use services offered by the state police in order to help them understand and appreciate the significance and potential impact of the employee's experience; and

(5) Allow the superintendent to require certain conditions of continuing employment for those employees who have been involved in a critical incident.

(1) "Critical Incident" means an incident:

(A) Where an employee of the state police is caused to employ potentially lethal force;

(B) Resulting in the death or serious injury of another; or

(C) Involving the use of deadly force by any person against the employee or a co-worker resulting in death, physical or psychological injury;

(2) "Superintendent" means the superintendent of the West Virginia state police; and

(3) "Supervisor" means an employee of the state police who directs, oversees or reviews the work of another employee.

(d) The policy created pursuant to this section is to be filed in the state register.

These sections are new; therefore, underlining and strike- throughs have been omitted.