House Bill 879

AN ACT TO PROVIDE THAT ANY LAW ENFORCEMENT OFFICER OF THIS STATE OR ANY POLITICAL SUBDIVISION THEREOF WHO IS DEEMED BASED UPON THE RESULTS OF A URINE TEST OF USING DRUGS IN VIOLATION OF THE EMPLOYER'S POLICIES OR STATE LAW SHALL BE AFFORDED THE OPPORTUNITY TO UNDERGO A SECOND MORE SCIENTIFICALLY RELIABLE TEST BEFORE SUCH EMPLOYEE IS TERMINATED OR SUSPENDED WITHOUT PAY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any law enforcement officer, as defined by Section 45-6-3, of this state or any political subdivision thereof who is deemed based upon the results of a urine test of using drugs in violation of the employer's policies or state law shall be afforded the opportunity to undergo a second more scientifically reliable test before such employee is terminated or suspended without pay.

(2) (a) In the event a law enforcement officer is required as a condition of employment to take a urine test for drug use and the results of such test is positive, the officer may be relieved of duty and placed on administrative leave with pay.

(b) The officer shall have two (2) days after being officially notified in writing of such results to contest the test results.

(c) If said officer does not contest the test results within the two-day period, the employer may move forward with appropriate disciplinary action.

(d) If the officer contests the test results, the officer shall have five (5) days to appear at a certified laboratory and voluntarily submit to the taking of a hair sample, for the purpose of a hair follicle test for drug analysis.

(i) The hair follicle test shall initially be at the expense of the officer, however, if the test result is negative the officer shall be reimbursed the cost of the test by the employer.

(ii) If the test result is positive the officer shall bare the cost of the test.

(e) If the hair follicle test result is negative for the drug(s) enumerated in the urine test report and thereby does not support the findings of the urine test, then the urine test results shall be declared a false positive, and the officer shall be immediately placed back into his or her previous position of employment.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.