Illinois General Assembly - Full Text of SB0620
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Full Text of SB0620  95th General Assembly

SB0620ham005 95TH GENERAL ASSEMBLY

Rep. Thomas Holbrook

Filed: 11/17/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 620

2     AMENDMENT NO. ______. Amend Senate Bill 620, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Railroad Police Act is amended by changing
6 Section 2 as follows:
 
7     (610 ILCS 80/2)  (from Ch. 114, par. 98)
8     Sec. 2. Conductors of all railroad trains, and the captain
9 or master of any boat carrying passengers within the
10 jurisdiction of this state, is vested with police powers while
11 on duty on their respective trains and boats, and may wear an
12 appropriate badge indicative of such authority.
13     In the policing of its properties any registered rail
14 carrier, as defined in Section 18c-7201 of the Illinois Vehicle
15 Code, may provide for the appointment and maintenance of such
16 police force as it may find necessary and practicable to aid

 

 

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1 and supplement the police forces of any municipality in the
2 protection of its property and the protection of the persons
3 and property of its passengers and employees, or otherwise in
4 furtherance of the purposes for which such railroad was
5 organized. While engaged in the conduct of their employment,
6 the members of such railroad police force have and may exercise
7 like police powers as those conferred upon any peace officer
8 employed by a law enforcement agency of this State.
9     Any registered rail carrier that appoints and maintains a
10 police force shall comply with the following requirements:
11         (1) Establish an internal policy that includes
12     procedures to ensure objective oversight in addressing
13     allegations of abuse of authority or other misconduct on
14     the part of its police officers.
15         (2) Adopt appropriate policies and guidelines for
16     employee investigations by police officers. These policies
17     and guidelines shall provide for initiating employee
18     investigations only under the following conditions:
19             (A) There is reason to believe criminal misconduct
20         has occurred.
21             (B) In response to an employee accident.
22             (C) There is reason to believe that the interview
23         of an employee could result in workplace violence.
24             (D) There is a legitimate concern for the personal
25         safety of one or more employees.
26         These policies and guidelines shall provide for the

 

 

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1     right of an employee to request a representative to be
2     present during any interview concerning a non-criminal
3     matter.
4         (3) File copies of the policies and guidelines adopted
5     under paragraphs (1) and (2) with the Illinois Law
6     Enforcement Training Standards Board, which shall make
7     them available for public inspection. The Board shall
8     review the policies and guidelines, and approve them if
9     they comply with the Act.
10         (4) Appeal of a rail carrier's decision. A person
11     adversely affected or aggrieved by a decision of a rail
12     carrier's internal investigation under this Act may appeal
13     the decision to the Illinois State Police. The appeal shall
14     be filed no later than 90 days after the issuance of the
15     decision. The State Police shall review the depth,
16     completeness, and objectivity of the rail carrier's
17     investigation, and may conduct its own investigation of the
18     complaint. The State Police may uphold, overturn, or modify
19     the rail carrier's decision by filing a report of its
20     findings and recommendations with the Illinois Commerce
21     Commission. Consistent with authority under Chapter 18C of
22     the Illinois Vehicle Code and the Commission rules of
23     practice, the Commission shall have the power to conduct
24     evidentiary hearings, make findings, and issue and enforce
25     orders, including sanctions under Section 18c-1704 of the
26     Illinois Vehicle Code.

 

 

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1     Rulemaking authority to implement this amendatory Act of
2 the 95th General Assembly, if any, is conditioned on the rules
3 being adopted in accordance with all provisions of the Illinois
4 Administrative Procedure Act and all rules and procedures of
5 the Joint Committee on Administrative Rules; any purported rule
6 not so adopted, for whatever reason, is unauthorized.
7 (Source: P.A. 94-846, eff. 1-1-07.)".