Public Act 098-0791
SB2791 EnrolledLRB098 14669 MLW 49512 b

    AN ACT concerning transportation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Railroad Police Act is amended by changing
Sections 2, 3, and 4 as follows:
    (610 ILCS 80/2)  (from Ch. 114, par. 98)
    Sec. 2. Conductors of all railroad trains, and the captain
or master of any boat carrying passengers within the
jurisdiction of this state, is vested with police powers while
on duty on their respective trains and boats, and may wear an
appropriate badge indicative of this such authority.
    In the policing of its properties any registered rail
carrier, as defined in Section 18c-7201 of the Illinois Vehicle
Code, may provide for the appointment and maintenance of a such
police force as it may find necessary and practicable to aid
and supplement the police forces of any municipality in the
protection of its property and the protection of the persons
and property of its passengers and employees, or otherwise in
furtherance of the purposes for which the such railroad was
organized. While engaged in the conduct of their employment,
the members of the such railroad police force have and may
exercise the same like police powers as those conferred upon
any peace officer employed by a law enforcement agency of this
State, including the authority to issue administrative
citations in accordance with the provisions of county or
municipal ordinances.
    Any registered rail carrier that appoints and maintains a
police force shall comply with the following requirements:
        (1) Establish an internal policy that includes
    procedures to ensure objective oversight in addressing
    allegations of abuse of authority or other misconduct on
    the part of its police officers.
        (2) Adopt appropriate policies and guidelines for
    employee investigations by police officers. These policies
    and guidelines shall provide for initiating employee
    investigations only under the following conditions:
            (A) There is reason to believe criminal misconduct
        has occurred.
            (B) In response to an employee accident.
            (C) There is reason to believe that the interview
        of an employee could result in workplace violence.
            (D) There is a legitimate concern for the personal
        safety of one or more employees.
        These policies and guidelines shall provide for the
    right of an employee to request a representative to be
    present during any interview concerning a non-criminal
        (3) File copies of the policies and guidelines adopted
    under paragraphs (1) and (2) with the Illinois Law
    Enforcement Training Standards Board, which shall make
    them available for public inspection. The Board shall
    review the policies and guidelines, and approve them if
    they comply with the Act.
        (4) Appeal of a rail carrier's decision. A person
    adversely affected or aggrieved by a decision of a rail
    carrier's internal investigation under this Act may appeal
    the decision to the Illinois State Police. The appeal shall
    be filed no later than 90 days after the issuance of the
    decision. The State Police shall review the depth,
    completeness, and objectivity of the rail carrier's
    investigation, and may conduct its own investigation of the
    complaint. The State Police may uphold, overturn, or modify
    the rail carrier's decision by filing a report of its
    findings and recommendations with the Illinois Commerce
    Commission. Consistent with authority under Chapter 18C of
    the Illinois Vehicle Code and the Commission rules of
    practice, the Commission shall have the power to conduct
    evidentiary hearings, make findings, and issue and enforce
    orders, including sanctions under Section 18c-1704 of the
    Illinois Vehicle Code.
    Rulemaking authority to implement this amendatory Act of
the 95th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 94-846, eff. 1-1-07; 95-1010, eff. 6-1-09.)
    (610 ILCS 80/3)  (from Ch. 114, par. 99)
    Sec. 3. When any passenger shall be guilty of disorderly
conduct, or use any obscene language, to the annoyance and
vexation of passengers or employees, or play any games of cards
or other games of chance for money or other valuable thing,
upon any railroad train or boat steamboat, the conductor of the
such train and captain or master of the boat such steamboat is
hereby authorized to stop the his train or boat steamboat, at
or near any place where an such offense has been committed or
at an available public station or dock, and remove the eject
such passenger from the train or boat using only the such force
as may be necessary to accomplish the such removal, and may
command the assistance of the employees of the railroad company
or boat steamboat, or any of the other passengers willing and
able to assist with the in such removal; but before removing
the passenger the conductor or captain or master doing so he
shall tender to the such passenger such proportion of the total
fare the passenger he has paid, minus the portion of the total
fare attributable to the distance travelled by the passenger
prior to being removed from the train or boat as the distance
he then is from the place to which he has paid his fare, bears
to the whole distance for which he has paid his fare. No
operating rule, bulletin, directive, or other order of a
carrier shall contradict or limit the authority granted in this
(Source: Laws 1877, p. 166.)
    (610 ILCS 80/4)  (from Ch. 114, par. 100)
    Sec. 4. When any passenger commits shall be guilty of any
crime or misdemeanor upon any train, or boat steamboat, the
conductor, captain or master, or employees of that such train,
or boat, may arrest that such passenger and take him or her
before any judge of the circuit court, in any county through
which the such boat or train may pass, or in which its trip may
begin or terminate, and file an affidavit before the such judge
of the circuit court, charging the passenger him with the such
crime or misdemeanor.
(Source: Laws 1965, p. 3687.)
    Section 99. Effective date. This Act takes effect upon
becoming law.