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Rep. Thomas Holbrook
Filed: 4/14/2008
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09500HB5159ham003 |
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LRB095 18226 WGH 49520 a |
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| AMENDMENT TO HOUSE BILL 5159
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| AMENDMENT NO. ______. Amend House Bill 5159, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Railroad Police Act is amended by changing |
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| Section 2 as follows:
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| (610 ILCS 80/2) (from Ch. 114, par. 98)
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| Sec. 2. Conductors of all railroad trains, and the captain |
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| or master of any
boat carrying passengers within the |
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| jurisdiction of this state, is vested
with police powers while |
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| on duty on their respective trains and boats, and
may wear an |
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| appropriate badge indicative of such authority.
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| In the policing of its properties any registered rail |
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| carrier, as defined in Section 18c-7201 of the Illinois Vehicle |
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| Code, may provide for the
appointment and maintenance of such |
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| police force as it may find necessary
and practicable to aid |
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| and supplement the police forces of any municipality
in the |
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| protection of its property and the protection of the persons |
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| and
property of its passengers and employees, or otherwise in |
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| furtherance of
the purposes for which such railroad was |
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| organized. While engaged in the
conduct of their employment, |
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| the members of such railroad police force have
and may exercise |
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| like police powers as those conferred upon any peace officer |
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| employed by a law enforcement agency of this State.
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| Any registered rail carrier that appoints and maintains a |
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| police force shall comply with the following requirements: |
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| (1) Establish an internal policy that includes |
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| procedures to ensure objective oversight in addressing |
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| allegations of abuse of authority or other misconduct on |
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| the part of its police officers. |
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| (2) Adopt appropriate policies and guidelines for |
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| employee investigations by police officers. These policies |
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| and guidelines shall provide for initiating employee |
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| investigations only under the following conditions: |
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| (A) There is reason to believe criminal misconduct |
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| has occurred. |
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| (B) In response to an employee accident. |
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| (C) There is reason to believe that the interview |
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| of an employee could result in workplace violence. |
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| (D) There is a legitimate concern for the personal |
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| safety of one or more employees. |
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| These policies and guidelines shall provide for the |
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| right of an employee to request a representative to be |
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| present during any interview concerning a non-criminal |
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| matter. |
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| (3) File copies of the policies and guidelines adopted |
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| under paragraphs (1) and (2) with the Illinois Law |
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| Enforcement Training Standards Board, which shall make |
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| them available for public inspection. The Board shall |
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| review the policies and guidelines, and approve them if |
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| they comply with the Act. In addition, the Board shall |
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| investigate violations of said policies and guidelines and |
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| abuse of authority by railroad police officers. Such |
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| investigations shall be conducted in accordance with the |
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| procedures set forth in Section 6.1 of the Illinois Police |
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| Training Act. |
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| (4) Nothing in this Act, nor the Illinois Police |
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| Training Act, shall be construed to give a railroad police |
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| officer authority, or to perform any functions, relating to |
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| or affecting an employee exercising his or her rights |
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| pursuant to a collective bargaining agreement or the |
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| Railway Labor Act. |
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| Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 94-846, eff. 1-1-07.)".
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