Illinois General Assembly - Full Text of HB5159
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Full Text of HB5159  95th General Assembly

HB5159eng 95TH GENERAL ASSEMBLY



 


 
HB5159 Engrossed LRB095 18226 LCT 44310 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Railroad Police Act is amended by changing
5 Section 2 as follows:
 
6     (610 ILCS 80/2)  (from Ch. 114, par. 98)
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 such authority.
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 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 such railroad was
20 organized. While engaged in the conduct of their employment,
21 the members of such railroad police force have and may exercise
22 like police powers as those conferred upon any peace officer
23 employed by a law enforcement agency of this State.

 

 

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1     Any registered rail carrier that appoints and maintains a
2 police force shall comply with the following requirements:
3         (1) Establish an internal policy that includes
4     procedures to ensure objective oversight in addressing
5     allegations of abuse of authority or other misconduct on
6     the part of its police officers.
7         (2) Adopt appropriate policies and guidelines for
8     employee investigations by police officers. These policies
9     and guidelines shall provide for initiating employee
10     investigations only under the following conditions:
11             (A) There is reason to believe criminal misconduct
12         has occurred.
13             (B) In response to an employee accident.
14             (C) There is reason to believe that the interview
15         of an employee could result in workplace violence.
16             (D) There is a legitimate concern for the personal
17         safety of one or more employees.
18         These policies and guidelines shall provide for the
19     right of an employee to request a representative to be
20     present during any interview concerning a non-criminal
21     matter.
22         (3) File copies of the policies and guidelines adopted
23     under paragraphs (1) and (2) with the Illinois Law
24     Enforcement Training Standards Board, which shall make
25     them available for public inspection. The Board shall
26     review the policies and guidelines, and approve them if

 

 

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1     they comply with the Act.
2         (4) Appeal of a rail carrier's decision. A person
3     adversely affected or aggrieved by a decision of a rail
4     carrier's internal investigation under this Act may appeal
5     the decision to the Illinois State Police. The appeal shall
6     be filed no later than 90 days after the issuance of the
7     decision. The State Police shall review the depth,
8     completeness, and objectivity of the rail carrier's
9     investigation, and may conduct its own investigation of the
10     complaint. The State Police may uphold, overturn, or modify
11     the rail carrier's decision by filing a report of its
12     findings and recommendations with the Illinois Commerce
13     Commission. Consistent with authority under Chapter 18C of
14     the Illinois Vehicle Code and the Commission rules of
15     practice, the Commission shall have the power to conduct
16     evidentiary hearings, make findings, and issue and enforce
17     orders, including sanctions under Section 18c-1704 of the
18     Illinois Vehicle Code.
19     Notwithstanding any other rulemaking authority that may
20 exist, neither the Governor nor any agency or agency head under
21 the jurisdiction of the Governor has any authority to make or
22 promulgate rules to implement or enforce this amendatory Act of
23 the 95th General Assembly. If, however, the Governor believes
24 that rules are necessary to implement or enforce the provisions
25 of this amendatory Act of the 95th General Assembly, the
26 Governor may suggest rules to the General Assembly by filing

 

 

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1 them with the Clerk of the House and Secretary of the Senate
2 and by requesting that the General Assembly authorize such
3 rulemaking by law, enact those suggested rules into law, or
4 take any other appropriate action in the General Assembly's
5 discretion. Nothing contained in this amendatory Act of the
6 95th General Assembly shall be interpreted to grant rulemaking
7 authority under any other Illinois statute where such authority
8 is not otherwise explicitly given. For the purposes of this
9 amendatory Act of the 95th General Assembly, "rules" is given
10 the meaning contained in Section 1-70 of the Illinois
11 Administrative Procedure Act, and "agency" and "agency head"
12 are given the meanings contained in Sections 1-20 and 1-25 of
13 the Illinois Administrative Procedure Act to the extent that
14 such definitions apply to agencies or agency heads under the
15 jurisdiction of the Governor.
16 (Source: P.A. 94-846, eff. 1-1-07.)