Full Text of SB2655 98th General Assembly
SB2655 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2655 Introduced 1/21/2014, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED: |
| 610 ILCS 80/2 | from Ch. 114, par. 98 | 610 ILCS 80/3 | from Ch. 114, par. 99 | 610 ILCS 80/4 | from Ch. 114, par. 100 |
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Amends the Railroad Police Act. Provides that members of railroad police forces may issue administrative citations under the provisions of county or municipal ordinances. Provides that the conductor of a train or captain of a boat may order passengers to be removed from the train or boat for disorderly conduct or language that annoys or vexes other passengers or employees. Provides that this removal may occur at the location of the offending conduct or a nearby public station or dock. Provides that for the purposes of removing an offending passenger, the conductor or captain may only command the assistance of passengers that are willing and able to render assistance. Provides that before removing the passenger the conductor or captain must refund the passenger's fare minus the portion attributable to the distance already travelled. Provides that the captain of any boat, not just steamboats, may arrest a passenger guilty of a crime or misdemeanor. Effective immediately.
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| | A BILL FOR |
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| 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 | | Sections 2, 3, and 4 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 , including |
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| 1 | | the authority to issue administrative citations under the | 2 | | provisions of county or municipal ordinances .
| 3 | | Any registered rail carrier that appoints and maintains a | 4 | | police force shall comply with the following requirements: | 5 | | (1) Establish an internal policy that includes | 6 | | procedures to ensure objective oversight in addressing | 7 | | allegations of abuse of authority or other misconduct on | 8 | | the part of its police officers. | 9 | | (2) Adopt appropriate policies and guidelines for | 10 | | employee investigations by police officers. These policies | 11 | | and guidelines shall provide for initiating employee | 12 | | investigations only under the following conditions: | 13 | | (A) There is reason to believe criminal misconduct | 14 | | has occurred. | 15 | | (B) In response to an employee accident. | 16 | | (C) There is reason to believe that the interview | 17 | | of an employee could result in workplace violence. | 18 | | (D) There is a legitimate concern for the personal | 19 | | safety of one or more employees. | 20 | | These policies and guidelines shall provide for the | 21 | | right of an employee to request a representative to be | 22 | | present during any interview concerning a non-criminal | 23 | | matter. | 24 | | (3) File copies of the policies and guidelines adopted | 25 | | under paragraphs (1) and (2) with the Illinois Law | 26 | | Enforcement Training Standards Board, which shall make |
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| 1 | | them available for public inspection. The Board shall | 2 | | review the policies and guidelines, and approve them if | 3 | | they comply with the Act. | 4 | | (4) Appeal of a rail carrier's decision.
A person | 5 | | adversely affected or aggrieved by a decision of a rail | 6 | | carrier's internal investigation under this Act may appeal | 7 | | the decision to the Illinois State Police. The appeal shall | 8 | | be filed no later than 90 days after the issuance of the | 9 | | decision. The State Police shall review the depth, | 10 | | completeness, and objectivity of the rail carrier's | 11 | | investigation, and may conduct its own investigation of the | 12 | | complaint. The State Police may uphold, overturn, or modify | 13 | | the rail carrier's decision by filing a report of its | 14 | | findings and recommendations with the Illinois Commerce | 15 | | Commission. Consistent with authority under Chapter 18C of | 16 | | the Illinois Vehicle Code and the Commission rules of | 17 | | practice, the Commission shall have the power to conduct | 18 | | evidentiary hearings, make findings, and issue and enforce | 19 | | orders, including sanctions under Section 18c-1704 of the | 20 | | Illinois Vehicle Code. | 21 | | Rulemaking authority to implement this amendatory Act of | 22 | | the 95th General Assembly, if any, is conditioned on the rules | 23 | | being adopted in accordance with all provisions of the Illinois | 24 | | Administrative Procedure Act and all rules and procedures of | 25 | | the Joint Committee on Administrative Rules; any purported rule | 26 | | not so adopted, for whatever reason, is unauthorized. |
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| 1 | | (Source: P.A. 94-846, eff. 1-1-07; 95-1010, eff. 6-1-09 .)
| 2 | | (610 ILCS 80/3) (from Ch. 114, par. 99)
| 3 | | Sec. 3.
When any passenger shall be guilty of disorderly | 4 | | conduct, or use
any obscene language, to the annoyance and | 5 | | vexation of passengers or employees , or play
any games of cards | 6 | | or other games of chance for money or other valuable
thing, | 7 | | upon any railroad train or boat steamboat , the conductor of the | 8 | | such train
and captain or master of the such boat steamboat is | 9 | | hereby authorized to stop the his
train or boat steamboat , at | 10 | | or near any place where the such offense has been committed or | 11 | | at an available public station or dock and remove the
eject | 12 | | such passenger from the train or boat using only such force as | 13 | | may be
necessary to accomplish the such removal, and may | 14 | | command the assistance of the
employees of the railroad or boat | 15 | | company or steamboat , or any of the other passengers that are | 16 | | willing and able to
assist with the in such removal; but before | 17 | | removing the passenger the conductor, captain, or master doing | 18 | | so he shall tender to the such
passenger such proportion of the | 19 | | total fare the passenger he has paid minus the portion of the | 20 | | total fare attributable to the distance traveled by the | 21 | | passenger prior to being removed from the train or boat. No | 22 | | operating rule, bulletin, directive, or order shall contradict | 23 | | or limit the authority granted in this Section. as the distance | 24 | | he then
is from the place to which he has paid his fare, bears | 25 | | to the whole
distance for which he has paid his fare.
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| 1 | | (Source: Laws 1877, p. 166.)
| 2 | | (610 ILCS 80/4) (from Ch. 114, par. 100)
| 3 | | Sec. 4.
When any passenger shall be guilty of any crime or | 4 | | misdemeanor upon
any train, or boat steamboat , the conductor, | 5 | | captain or master, or employees of
such train, or boat, may | 6 | | arrest such passenger and take him before any
judge of the | 7 | | circuit court, in any county through which such boat or train
| 8 | | may pass, or in which its trip may begin or terminate, and file | 9 | | an
affidavit before such judge of the circuit court, charging | 10 | | him with such
crime or misdemeanor.
| 11 | | (Source: Laws 1965, p. 3687.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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