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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Railroad Police Act is amended by changing | ||||||
5 | Sections 2, 3, and 4 as follows:
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6 | (610 ILCS 80/2) (from Ch. 114, par. 98)
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7 | Sec. 2. Conductors of all railroad trains, and the captain | ||||||
8 | or master of any
boat carrying passengers within the | ||||||
9 | jurisdiction of this state, is vested
with police powers while | ||||||
10 | on duty on their respective trains and boats, and
may wear an | ||||||
11 | appropriate badge indicative of this such authority.
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12 | In the policing of its properties any registered rail | ||||||
13 | carrier, as defined in Section 18c-7201 of the Illinois Vehicle | ||||||
14 | Code, may provide for the
appointment and maintenance of a such | ||||||
15 | police force as it may find necessary
and practicable to aid | ||||||
16 | and supplement the police forces of any municipality
in the | ||||||
17 | protection of its property and the protection of the persons | ||||||
18 | and
property of its passengers and employees, or otherwise in | ||||||
19 | furtherance of
the purposes for which the such railroad was | ||||||
20 | organized. While engaged in the
conduct of their employment, | ||||||
21 | the members of the such railroad police force have
and may | ||||||
22 | exercise the same like police powers as those conferred upon | ||||||
23 | any peace officer employed by a law enforcement agency of this |
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1 | State , including the authority to issue administrative | ||||||
2 | citations in accordance with the provisions of county or | ||||||
3 | municipal ordinances .
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4 | Any registered rail carrier that appoints and maintains a | ||||||
5 | police force shall comply with the following requirements: | ||||||
6 | (1) Establish an internal policy that includes | ||||||
7 | procedures to ensure objective oversight in addressing | ||||||
8 | allegations of abuse of authority or other misconduct on | ||||||
9 | the part of its police officers. | ||||||
10 | (2) Adopt appropriate policies and guidelines for | ||||||
11 | employee investigations by police officers. These policies | ||||||
12 | and guidelines shall provide for initiating employee | ||||||
13 | investigations only under the following conditions: | ||||||
14 | (A) There is reason to believe criminal misconduct | ||||||
15 | has occurred. | ||||||
16 | (B) In response to an employee accident. | ||||||
17 | (C) There is reason to believe that the interview | ||||||
18 | of an employee could result in workplace violence. | ||||||
19 | (D) There is a legitimate concern for the personal | ||||||
20 | safety of one or more employees. | ||||||
21 | These policies and guidelines shall provide for the | ||||||
22 | right of an employee to request a representative to be | ||||||
23 | present during any interview concerning a non-criminal | ||||||
24 | matter. | ||||||
25 | (3) File copies of the policies and guidelines adopted | ||||||
26 | under paragraphs (1) and (2) with the Illinois Law |
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1 | Enforcement Training Standards Board, which shall make | ||||||
2 | them available for public inspection. The Board shall | ||||||
3 | review the policies and guidelines, and approve them if | ||||||
4 | they comply with the Act. | ||||||
5 | (4) Appeal of a rail carrier's decision.
A person | ||||||
6 | adversely affected or aggrieved by a decision of a rail | ||||||
7 | carrier's internal investigation under this Act may appeal | ||||||
8 | the decision to the Illinois State Police. The appeal shall | ||||||
9 | be filed no later than 90 days after the issuance of the | ||||||
10 | decision. The State Police shall review the depth, | ||||||
11 | completeness, and objectivity of the rail carrier's | ||||||
12 | investigation, and may conduct its own investigation of the | ||||||
13 | complaint. The State Police may uphold, overturn, or modify | ||||||
14 | the rail carrier's decision by filing a report of its | ||||||
15 | findings and recommendations with the Illinois Commerce | ||||||
16 | Commission. Consistent with authority under Chapter 18C of | ||||||
17 | the Illinois Vehicle Code and the Commission rules of | ||||||
18 | practice, the Commission shall have the power to conduct | ||||||
19 | evidentiary hearings, make findings, and issue and enforce | ||||||
20 | orders, including sanctions under Section 18c-1704 of the | ||||||
21 | Illinois Vehicle Code. | ||||||
22 | Rulemaking authority to implement this amendatory Act of | ||||||
23 | the 95th General Assembly, if any, is conditioned on the rules | ||||||
24 | being adopted in accordance with all provisions of the Illinois | ||||||
25 | Administrative Procedure Act and all rules and procedures of | ||||||
26 | the Joint Committee on Administrative Rules; any purported rule |
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1 | not so adopted, for whatever reason, is unauthorized. | ||||||
2 | (Source: P.A. 94-846, eff. 1-1-07; 95-1010, eff. 6-1-09 .)
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3 | (610 ILCS 80/3) (from Ch. 114, par. 99)
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4 | Sec. 3.
When any passenger shall be guilty of disorderly | ||||||
5 | conduct, or use
any obscene language, to the annoyance and | ||||||
6 | vexation of passengers or employees , or play
any games of cards | ||||||
7 | or other games of chance for money or other valuable
thing, | ||||||
8 | upon any railroad train or boat steamboat , the conductor of the | ||||||
9 | such train
and captain or master of the boat such steamboat is | ||||||
10 | hereby authorized to stop the his
train or boat steamboat , at | ||||||
11 | or near any place where an such offense has been committed or | ||||||
12 | at an available public station or dock, and remove the
eject | ||||||
13 | such passenger from the train or boat using only the such force | ||||||
14 | as may be
necessary to accomplish the such removal, and may | ||||||
15 | command the assistance of the
employees of the railroad company | ||||||
16 | or boat steamboat , or any of the other passengers willing and | ||||||
17 | able to
assist with the in such removal; but before removing | ||||||
18 | the passenger the conductor or captain or master doing so he | ||||||
19 | shall tender to the such
passenger such proportion of the total | ||||||
20 | fare the passenger he has paid , minus the portion of the total | ||||||
21 | fare attributable to the distance travelled by the passenger | ||||||
22 | prior to being removed from the train or boat as the distance | ||||||
23 | he then
is from the place to which he has paid his fare, bears | ||||||
24 | to the whole
distance for which he has paid his fare . No | ||||||
25 | operating rule, bulletin, directive, or other order of a |
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1 | carrier shall contradict or limit the authority granted in this | ||||||
2 | Section.
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3 | (Source: Laws 1877, p. 166.)
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4 | (610 ILCS 80/4) (from Ch. 114, par. 100)
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5 | Sec. 4.
When any passenger commits shall be guilty of any | ||||||
6 | crime or misdemeanor upon
any train , or boat steamboat , the | ||||||
7 | conductor, captain or master, or employees of
that such train , | ||||||
8 | or boat , may arrest that such passenger and take him or her | ||||||
9 | before any
judge of the circuit court, in any county through | ||||||
10 | which the such boat or train
may pass, or in which its trip may | ||||||
11 | begin or terminate, and file an
affidavit before the such judge | ||||||
12 | of the circuit court , charging the passenger him with the such
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13 | crime or misdemeanor.
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14 | (Source: Laws 1965, p. 3687.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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