Full Text of SB2791 098th General Assembly
SB2791enr 98TH GENERAL ASSEMBLY |
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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 this 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 a 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 the such railroad was | 20 | | organized. While engaged in the
conduct of their employment, | 21 | | the members of the such railroad police force have
and may | 22 | | exercise the same like police powers as those conferred upon | 23 | | any peace officer employed by a law enforcement agency of this |
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| 1 | | State , including the authority to issue administrative | 2 | | citations in accordance with the provisions of county or | 3 | | municipal ordinances .
| 4 | | Any registered rail carrier that appoints and maintains a | 5 | | police 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 | 23 | | the 95th General Assembly, if any, is conditioned on the rules | 24 | | being adopted in accordance with all provisions of the Illinois | 25 | | Administrative Procedure Act and all rules and procedures of | 26 | | the Joint Committee on Administrative Rules; any purported rule |
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| 1 | | not 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 | 5 | | conduct, or use
any obscene language, to the annoyance and | 6 | | vexation of passengers or employees , or play
any games of cards | 7 | | or other games of chance for money or other valuable
thing, | 8 | | upon any railroad train or boat steamboat , the conductor of the | 9 | | such train
and captain or master of the boat such steamboat is | 10 | | hereby authorized to stop the his
train or boat steamboat , at | 11 | | or near any place where an such offense has been committed or | 12 | | at an available public station or dock, and remove the
eject | 13 | | such passenger from the train or boat using only the such force | 14 | | as may be
necessary to accomplish the such removal, and may | 15 | | command the assistance of the
employees of the railroad company | 16 | | or boat steamboat , or any of the other passengers willing and | 17 | | able to
assist with the in such removal; but before removing | 18 | | the passenger the conductor or captain or master doing so he | 19 | | shall tender to the such
passenger such proportion of the total | 20 | | fare the passenger he has paid , minus the portion of the total | 21 | | fare attributable to the distance travelled by the passenger | 22 | | prior to being removed from the train or boat as the distance | 23 | | he then
is from the place to which he has paid his fare, bears | 24 | | to the whole
distance for which he has paid his fare . No | 25 | | operating rule, bulletin, directive, or other order of a |
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| 1 | | carrier shall contradict or limit the authority granted in this | 2 | | Section.
| 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 | 6 | | crime or misdemeanor upon
any train , or boat steamboat , the | 7 | | conductor, captain or master, or employees of
that such train , | 8 | | or boat , may arrest that such passenger and take him or her | 9 | | before any
judge of the circuit court, in any county through | 10 | | which the such boat or train
may pass, or in which its trip may | 11 | | begin or terminate, and file an
affidavit before the such judge | 12 | | of the circuit court , charging the passenger him with the such
| 13 | | crime or misdemeanor.
| 14 | | (Source: Laws 1965, p. 3687.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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