Illinois General Assembly - Full Text of Public Act 095-1010
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Public Act 095-1010




Public Act 095-1010
SB0620 Enrolled LRB095 08540 MJR 28721 b

    AN ACT concerning regulation.
    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
Section 2 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 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 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 such railroad was
organized. While engaged in the conduct of their employment,
the members of such railroad police force have and may exercise
like police powers as those conferred upon any peace officer
employed by a law enforcement agency of this State.
    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.)

Effective Date: 6/1/2009