53 Pa. Stat. § 30472

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 30472 - Charges; fines and penalties

Such charges may be of disability for service, in which case the court shall be one of inquiry, whose decisions may be for the honorable discharge from the service of the person concerned; or of neglect or violation of law or duty, inefficiency, intemperance, disobedience of orders, unbecoming official or personal conduct, and, in cities of the second class A, intoxication while on duty, in which cases the court shall be one of trial, and its decision may authorize the director of the department of public safety to impose fines and pecuniary penalties to be stopped from pay, or to suspend from pay or duty, or both, for a period fixed by them, not exceeding one year, or to dismiss from the service: Provided, That in cities of the second class A where the charge is intoxication while on duty and a trial court finds the defendant guilty, the mayor shall suspend the convicted officer for a period of thirty days without pay: Provided, That the defendant has not been convicted of any similar offense within a period of five years last preceding the effective date of this statute.

If the said fireman or policeman shall be convicted a second time on a charge of intoxication while on duty after the effective date of this act, then the mayor shall suspend him for a period of six months without pay, and, upon the third conviction for intoxication while on duty after the effective date of this act, the mayor shall dismiss said fireman or policeman from the service.

If the accused shall have been convicted once within five years last preceding the effective date of this act on a charge of intoxication while on duty, then his first conviction after the effective date of this act on a charge of intoxication while on duty, he shall be suspended for a period of six months without pay, and, upon his second conviction after the effective date of this act on a charge of intoxication while on duty, the mayor shall suspend him for one year without pay, and, upon the third conviction after the effective date of this act on a charge of intoxication while on duty, he shall be dismissed by the mayor from the service.

If the accused shall have been convicted twice within five years last preceding the effective date of this act on charges of intoxication while on duty, then, upon his first conviction after the effective date of this act on a charge of intoxication while on duty, he shall be suspended from the service without pay for a period of one year, and, upon his second conviction after the effective date of this act on a charge of intoxication while on duty, he shall be dismissed from the service.

If the accused shall have been convicted three or more times within five years last preceding the effective date of this act on charges of intoxication while on duty, then, upon his conviction after the effective date of this act on a charge of intoxication while on duty, he shall be dismissed from service.

In all cases involving intoxication while on duty, the sentence shall be imposed by the mayor of said city of the second class A, and a plea of guilty shall be considered a conviction for the purposes of this amendment, and shall be in writing.

53 P.S. § 30472

1931, April 14, P.L. 38, No. 30, § 1; 1933, May 25, P.L. 1048, § 1; 1937, April 29, P.L. 544, § 1.