Illinois General Assembly - Full Text of SB2791
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Full Text of SB2791  98th General Assembly




SB2791 EnrolledLRB098 14669 MLW 49512 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Railroad Police Act is amended by changing
5Sections 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
8or master of any boat carrying passengers within the
9jurisdiction of this state, is vested with police powers while
10on duty on their respective trains and boats, and may wear an
11appropriate badge indicative of this such authority.
12    In the policing of its properties any registered rail
13carrier, as defined in Section 18c-7201 of the Illinois Vehicle
14Code, may provide for the appointment and maintenance of a such
15police force as it may find necessary and practicable to aid
16and supplement the police forces of any municipality in the
17protection of its property and the protection of the persons
18and property of its passengers and employees, or otherwise in
19furtherance of the purposes for which the such railroad was
20organized. While engaged in the conduct of their employment,
21the members of the such railroad police force have and may
22exercise the same like police powers as those conferred upon
23any peace officer employed by a law enforcement agency of this



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1State, including the authority to issue administrative
2citations in accordance with the provisions of county or
3municipal ordinances.
4    Any registered rail carrier that appoints and maintains a
5police 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
23the 95th General Assembly, if any, is conditioned on the rules
24being adopted in accordance with all provisions of the Illinois
25Administrative Procedure Act and all rules and procedures of
26the Joint Committee on Administrative Rules; any purported rule



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1not so adopted, for whatever reason, is unauthorized.
2(Source: P.A. 94-846, eff. 1-1-07; 95-1010, eff. 6-1-09.)
3    (610 ILCS 80/3)  (from Ch. 114, par. 99)
4    Sec. 3. When any passenger shall be guilty of disorderly
5conduct, or use any obscene language, to the annoyance and
6vexation of passengers or employees, or play any games of cards
7or other games of chance for money or other valuable thing,
8upon any railroad train or boat steamboat, the conductor of the
9such train and captain or master of the boat such steamboat is
10hereby authorized to stop the his train or boat steamboat, at
11or near any place where an such offense has been committed or
12at an available public station or dock, and remove the eject
13such passenger from the train or boat using only the such force
14as may be necessary to accomplish the such removal, and may
15command the assistance of the employees of the railroad company
16or boat steamboat, or any of the other passengers willing and
17able to assist with the in such removal; but before removing
18the passenger the conductor or captain or master doing so he
19shall tender to the such passenger such proportion of the total
20fare the passenger he has paid, minus the portion of the total
21fare attributable to the distance travelled by the passenger
22prior to being removed from the train or boat as the distance
23he then is from the place to which he has paid his fare, bears
24to the whole distance for which he has paid his fare. No
25operating rule, bulletin, directive, or other order of a



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1carrier shall contradict or limit the authority granted in this
3(Source: Laws 1877, p. 166.)
4    (610 ILCS 80/4)  (from Ch. 114, par. 100)
5    Sec. 4. When any passenger commits shall be guilty of any
6crime or misdemeanor upon any train, or boat steamboat, the
7conductor, captain or master, or employees of that such train,
8or boat, may arrest that such passenger and take him or her
9before any judge of the circuit court, in any county through
10which the such boat or train may pass, or in which its trip may
11begin or terminate, and file an affidavit before the such judge
12of the circuit court, charging the passenger him with the such
13crime or misdemeanor.
14(Source: Laws 1965, p. 3687.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.