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91_SB0129
LRB9100740KSgc
1 AN ACT to amend the Illinois Vehicle Code by adding
2 Section 18c-7405.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 adding Section 18c-7405 as follows:
7 (625 ILCS 5/18c-7405 new)
8 Sec. 18c-7405. After accident counseling.
9 (a) Every rail carrier shall, within 48 hours of an
10 accident, provide or make counseling or other critical
11 incident stress debriefing services available to each member
12 of an operating crew involved in an accident that results in
13 loss of life or serious bodily injury on its railway or right
14 of way. The engineer or other operating crew member involved
15 shall be relieved from duty with compensation and applicable
16 benefits at the site of the accident for a minimum of 3 days.
17 The leave may be without compensation and benefits if the
18 rail carrier shows that the accident was due to the
19 negligence of an engineer or other operating crew member. A
20 person who is otherwise eligible for these benefits and who
21 has not been found negligent shall not be precluded from
22 participation due to the negligence of a fellow crew member.
23 (b) An engineer returning to duty following leave under
24 subsection (a) shall, if he or she so requests, be assigned
25 an assistant engineer or other qualified person who shall
26 accompany him or her for such time as may be necessary to
27 guarantee the public safety, or until an appropriate medical
28 practitioner has determined that the engineer does not suffer
29 from post-traumatic stress disorder.
30 (c) The Illinois Commerce Commission shall adopt rules
31 necessary for the implementation and enforcement of the
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1 provisions of this Section.