Full Text of HB5159 95th General Assembly
HB5159ham004 95TH GENERAL ASSEMBLY
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Rep. Thomas Holbrook
Filed: 4/30/2008
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| AMENDMENT TO HOUSE BILL 5159
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| AMENDMENT NO. ______. Amend House Bill 5159, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Railroad Police Act is amended by changing | 6 |
| Section 2 as follows:
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| (610 ILCS 80/2) (from Ch. 114, par. 98)
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| 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.
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| 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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| 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.
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| 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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| 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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| Notwithstanding any other rulemaking authority that may | 2 |
| exist, neither the Governor nor any agency or agency head under | 3 |
| the jurisdiction of the Governor has any authority to make or | 4 |
| promulgate rules to implement or enforce this amendatory Act of | 5 |
| the 95th General Assembly. If, however, the Governor believes | 6 |
| that rules are necessary to implement or enforce the provisions | 7 |
| of this amendatory Act of the 95th General Assembly, the | 8 |
| Governor may suggest rules to the General Assembly by filing | 9 |
| them with the Clerk of the House and Secretary of the Senate | 10 |
| and by requesting that the General Assembly authorize such | 11 |
| rulemaking by law, enact those suggested rules into law, or | 12 |
| take any other appropriate action in the General Assembly's | 13 |
| discretion. Nothing contained in this amendatory Act of the | 14 |
| 95th General Assembly shall be interpreted to grant rulemaking | 15 |
| authority under any other Illinois statute where such authority | 16 |
| is not otherwise explicitly given. For the purposes of this | 17 |
| amendatory Act of the 95th General Assembly, "rules" is given | 18 |
| the meaning contained in Section 1-70 of the Illinois | 19 |
| Administrative Procedure Act, and "agency" and "agency head" | 20 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 21 |
| the Illinois Administrative Procedure Act to the extent that | 22 |
| such definitions apply to agencies or agency heads under the | 23 |
| jurisdiction of the Governor. | 24 |
| (Source: P.A. 94-846, eff. 1-1-07.)".
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