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 
    matter.
        (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.)