Federal law

U.S. Code › Title 49 › Subtitle V › Part E › Chapter 281 › § 28101

49 U.S. Code § 28101 - Rail police officers

(a)In General.—Under regulations prescribed by the Secretary of Transportation, a rail police officer who is directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of any jurisdiction in which the rail carrier owns property, to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction, to protect—

(1)

employees, passengers, or patrons of the rail carrier;

(2)

property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier;

(3)

property moving in interstate or foreign commerce in the possession of the rail carrier; and

(4)

personnel, equipment, and material moving by rail that are vital to the national defense.

(b)Assignment.—

A railroad police officer directly employed by or contracted by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee or agent, as applicable, of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a).

(c)Transfers.—

(1)In general.—

If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1 year after the date of transfer, shall apply to be certified or commissioned as a police office [1] under the laws of the State of new primary employment or residence.

(2)Interim period.—

During the period beginning on the date of transfer and ending 1 year after the date of transfer, a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a).

(d)Training.—

(1)In general.—

A State may recognize as meeting that State’s basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State.

(2)Rule of construction.—

Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in-service trainingacademy or Federal law enforcement training center.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101; renumbered § 28101, Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, § 1526(a), Aug. 3, 2007, 121 Stat. 452; Pub. L. 114–94, div. A, title XI, § 11412(a), Dec. 4, 2015, 129 Stat. 1687.)

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Disclaimer: These codes may not be the most recent version. Each state may have more current or accurate information. I make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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The states are listed in alphabetical order.

If you have any information updating the below or adding ones being researched, please email me at pmiller1017@cox.net.

2016 Code of Alabama
Title 37 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION.
Chapter 2 - TRANSPORTATION COMPANIES.
Article 1 - General Provisions.
Division 6 - Railway Policemen.
Section 37-2-153 - Powers.

Universal Citation: AL Code § 37-2-153 (2016)

Section 37-2-153

Powers.

(a) A railroad policeman may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to offenses committed against property owned or in the possession of the railroad by which he is employed or for any offense committed on such property.

(b) The authority of any person appointed under the provisions of this division to act as such policeman shall immediately cease whenever such person ceases to be an agent, servant or employee of the corporation applying for the appointment under this division.

(Acts 1911, No. 77, p. 36; Code 1923, §§9995, 9996, 10000; Code 1940, T. 48, §§217, 219; Acts 1975, No. 517, §3.)

Alaska: AS 42.40.250 (20)

The Alaska Railroad Police were established in the Alaska Railroad Corporation

Act, specifically AS 42.40.250(20) which reads:

"[In addition to the exercise of other powers authorized by law, the corporation

may] maintain a security force to enforce municipal ordinances, state laws, and

the corporation's rules with respect to violations that occur on or to property

owned, managed or transported by the corporation;"

Additionally, Alaska Railroad Police are commissioned as Special Officers

through the Alaska Department of Public Safety. They are "authorized to carry a

firearm in accordance with their agency's policies and procedures," and "duly

appointed by the State to assist the Alaska State Troopers and other agencies as

requested, and is authorized to act as an officer, to investigate crimes,

violations, or incidents that occur on, or to property owned, managed, or

transported by the Alaska Railroad, gather evidence, pursue criminals, and to

make arrests under the laws of the State of Alaska, and to do all things

necessary and customary for a peace officer duly appointed by the State, in

his/her duties as: An employee of the Alaska Railroad Corporation while on duty

only."

2013 Arizona Revised Statutes
Title 40 - Public Utilities and Carriers
§ 40-856 Railroad police; powers; qualifications; liability of company

40-856. Railroad police; powers; qualifications; liability of company

A. Any railroad company may appoint one or more persons to be designated by such railroad company as railroad police to aid and supplement the law enforcement agencies of this state in the protection of railroad property and the protection of the persons and property of railroad passengers and employees. While engaged in the conduct of his employment, each railroad policeman so appointed shall possess and exercise all law enforcement powers of peace officers in this state.

B. Any person appointed by a railroad company to act as a railroad policeman under the provision of subsection A of this section shall first have the minimum qualifications established for peace officers and police officers pursuant to section 41-1822. The railroad company shall file the name of each such railroad policeman, on the date of his appointment, with the director of the department of public safety. If the proposed railroad policeman meets the minimum qualifications established under section 41-1822, the director of the department of public safety shall issue him a certificate of authority to act as a peace officer and may thereafter revoke such certificate for good cause shown.

C. Each railroad company appointing any railroad police shall be liable for any and all acts of such railroad police within the scope of their employment. Neither the state nor any political subdivision shall be liable for any act or failure to act by any such railroad policeman.

2010 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 12 - Operation and Maintenance of Railroads
Subchapter 7 - Policing Trains
§ 23-12-703 - Railroad police -- Powers.

23-12-703. Railroad police -- Powers.
Each police officer shall have and exercise throughout the State of Arkansas the power to make arrests for the violation of any law on the property of the company, and to arrest persons, whether on or off the company's property, for the violation of any law on the company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of railroad police officer.

California Public Utilities Code Section 8226830.33 (e) (1)

e) (1) Any railroad police officer commissioned by the Governor pursuant to Section 8226 of the Public Utilities Code, if the primary duty of the peace officer is the enforcement of the law in or about properties owned, operated, or administered by the employing agency or when performing necessary duties with respect to patrons, employees, and properties of the employing agency.

Colorado Code of Colorado Regulations

I. Basis and Purpose of These Rules The basis and purpose of these rules is to promulgate rules in compliance with the revisions in § 40-32- 108(2) C.R.S.,as mandated by Senate Bill 51, which was enacted by the General Assembly during its 1987 session and signed into law on April 30, 1987.

II. Applicability of Rules

A. These rules are applicable to all Class I railroads operating in the State of Colorado which employ railroad peace officers, which are defined as any person employed by a Class I railroad corporation operating within the State of Colorado to protect and investigate offenses against railroad corporation.

B. These rules are in addition to the Class I railroad's standard employment rules and regulations. C. These rules apply to a railroad peace officer employed on or after the effective date of these rules.

III. Minimum Requirements-New Employees A Class I railroad shall not employ an individual as a railroad peace officer unless he or she: A. Has a minimum of four years education at an accredited college or university, or has a minimum of two years experience in public law enforcement or as a railroad peace officer, or has any combination of education at an accredited college or university and law enforcement experience totaling four years; or B. Has completed a basic training course at a training academy approved by the Colorado Law Enforcement Training Academy (CLETA).

C. Is at least 18 years of age;

D. Has been fingerprinted and subject to a search by the railroad of local, state, and national files to disclose any criminal record. Pursuant to the provisions of § 24-5-101 C.R.S., prior conviction of a felony or other offense involving moral turpitude shall not, in and of itself, preclude employment.

IV. Transfer to Colorado A. A railroad peace officer transferring into Colorado from another state shall meet the requirements of Rule III above at the time of transfer.

V. Exemption A. A railroad peace officer shall be exempt from the requirements of Rule III and Rule IV of these rules if prior to employment as a railroad peace officer the peace officer holds a current certificate in Colorado as a peace officer issued by the Colorado Peace Officers Standards and Training Board or holds a current equivalent certificate from another state.

VI. Waiver A. A Class I railroad may apply for a waiver of any of these rules on a case-by-case basis. The Commission may grant a waiver if it determines that a waiver will not endanger the public peace, health, and safety

Connecticut

SPECIAL POLICE ARREST POWERS

Some states grant enhanced authority to certain classes of security officers such as airport security and railroad police. In Connecticut, the commissioner of public safety is authorized to confer police powers on people designated by: (1) any electric, gas, telephone, telegraph or water company with respect to any in-state property, plan or equipment or (2) any railroad, express company, or steamboat company engaged in the business of transportation in Connecticut, with respect to premises used by such company, or its cars or vessels, or on roads or land owned or controlled by such company. These special policeman can arrest anyone who commits an offense on property they are authorized to patrol.

The commissioner is also authorized to appoint special police for armored car companies and war industry premises (CGS § 29-20 and 29-21).

DECEMBER 8, 2015

No. 148: Appoint New Jersey and Connecticut Police Officers as Railroad Police Officers to Provide Enhanced Security on Commuter Trains, Buses, and Ferries

WHEREAS, if such circumstances and limitations were applied to sworn members of the Connecticut State Police, sworn police officers of any county or municipality in the State of Connecticut, sworn members of the New Jersey State Police, and sworn police officers of any county or municipality in the State of New Jersey who are serving as railroad police officers from 12:01 A.M. on December 9, 2015 through 12:01 A.M. on January 2, 2016, such application would prevent, hinder and delay action necessary to respond to a terrorist attack or a threat thereof; and

WHEREAS, Section 29-a of the Executive Law authorizes the suspension, alteration and modification of statutes, local laws, ordinances, orders, rules or regulations, or parts thereof, if compliance with such provisions would prevent, hinder or delay action necessary to cope with a disaster emergency and the inclusion of any other terms and conditions;

Deleware

142ND GENERAL ASSEMBLY

CHAPTER 366 FORMERLY SENATE BILL NO. 294 AS AMENDED BY

SENATE AMENDMENT NO. 3

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO AUTHORIZATION FOR LOCAL AND OUT-OF-STATE POLICE OFFICERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §2516, Title 29, Delaware Code, by adding a new subsection (d) thereto to read as follows:

“(d) The Attorney General may, as he or she deems necessary, authorize railroad police officers employed by (1) either a railroad company classified as a Class 1 rail carrier pursuant to 49 U.S.C. §10102 and the Interstate Commerce Commission or (2) Amtrak to have police, arrest and enforcement powers for the purpose of investigating or preventing crimes which have occurred, are occurring or may occur on property that is owned, leased, operated or controlled by the railroad, or which involve the railroad’s employees, passengers or patrons while such persons are on such property, or which involve property that is consigned or entrusted to the railroad for transportation purposes. The Attorney General shall give such authorization by oath for such period of time and pursuant to such conditions as the Attorney General deems necessary. The Attorney General shall have the authority to withdraw such authorization whenever the Attorney General deems necessary. Notwithstanding any provision of this section to the contrary, no person shall be authorized pursuant to this subsection unless such person is first certified as appropriately qualified by the Council on Police Training and until memoranda of understanding are reached between the railroad and all appropriate law enforcement agencies. Nothing in this section shall limit the authority of a railroad police office employed by a rail carrier owning property in this State, and certified or commissioned under the laws of another state, to enforce the law and exercise the authority conveyed under 49 U.S.C. §28101 or 49 C.F.R. §207.”

Approved July 19, 2004

Florida 2013

Regular Session

CHAPTER 2013-114 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 489 An act relating to railroad police officers; amending s. 354.01, F.S.; authorizing the temporary appointment of special officers who meet certain qualifications; requiring special officers employed by a railroad or other common carrier to have specified qualifications and meet specified continuing training or education requirements; providing that a Class I, Class II, or Class III railroad shall be considered an employing agency for specified purposes and shall pay costs associated with training and continuing education; amending s. 784.07, F.S.; defining the term “railroad special officer”; providing for reclassification of certain offenses committed against a railroad special officer; providing an effective date.

Be It Enacted by the Legislature of the State of Florida: Section 1. Section 354.01, Florida Statutes, is amended to read: 354.01 Appointment of special officers.—Upon the application of any railroad or other common carrier doing business in this state, the Governor shall appoint one or more persons who have met the law enforcement qualifications and training requirements of s. 943.13 943.13(1)-(10) as special officers for the protection and safety of such carriers; their passengers and employees; and the property of such carriers, passengers, and employees.

However, until the Governor either appoints or rejects the application for appointment of a person as a special officer, the railroad or common carrier may temporarily employ the person as a special officer if he or she complies with the qualifications for employment as a law enforcement officer in s. 943.13. Notwithstanding any other provision of law, a special officer must have the same training as a law enforcement officer in accordance with ss. 943.13 and 943.135(1).

A Class I, Class II, or Class III railroad shall be considered an employing agency for purposes of ss. 943.13 and 943.135(1), and shall pay all costs associated with the training and continuing education of employed special officers. Section 2. Paragraph (f) is added to subsection (1) of section 784.07, Florida Statutes, and subsection (2) of that section is amended, to read: 784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified officers; reclassification of offenses; minimum sentences.— (1) As used in this section, the term: (f) “Railroad special officer” means a person employed by a Class I, Class II, or Class III railroad and appointed or pending appointment by the Governor pursuant to s. 354.01.

2010 Georgia Code
TITLE 35 - LAW ENFORCEMENT OFFICERS AND AGENCIES
CHAPTER 8 - EMPLOYMENT AND TRAINING OF PEACE OFFICERS
§ 35-8-2 - Definitions

O.C.G.A. 35-8-2 (2010)
35-8-2. Definitions

As used in this chapter, the term:

(1) "Applicant" means a prospective peace officer who has not commenced employment or service with a law enforcement unit.

(2) "Candidate" means a peace officer who, having satisfied preemployment requirements, has commenced employment with a law enforcement unit but who has not satisfied the training requirement provided for in this chapter.

(3) "Council" means the Georgia Peace Officer Standards and Training Council.

(6) "Law enforcement support personnel" means persons, other than peace officers, whose primary employment with a law enforcement unit consists of performing functions directly related to the prevention, detection, or investigation of crime.

(7) "Law enforcement unit" means:

(A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime;

(8) "Peace officer" means, for purposes of this chapter only:

(A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime;

(B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children;

Hawaii (does not have railroad police as of this date, 2/26/18)

Idaho State Code Title 19-511 Criminal Procedure Chapter 5

19-511. RAILROAD AND STEAMBOAT POLICE. The governor of the state of Idaho is authorized and empowered, upon the application of any railroad or steamboat company to appoint and commission during his pleasure any person designated by such company to serve at the expense of such company as policeman, with the powers of a police officer, and who, after being duly sworn, may act as such policeman upon the premises, cars or boats of such company. The company designating such person shall be responsible civilly for any abuse of his authority. Every such policeman shall, when on duty, wear in plain view a shield bearing the words, "railroad police" or "steamboat police," as the case may be, and the name of the company for which he is commissioned.

Illinois Railroad Police Act (610) ILCS 80

    (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, are vested with police powers while on duty on their respective trains and boats, and may wear an appropriate badge indicative of this 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 police force 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 in furtherance of the purposes for which the railroad was organized. While engaged in the conduct of their employment, the members of the railroad police force have and may exercise the same police powers 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.

(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. 98-791, eff. 7-25-14; 99-78, eff. 7-20-15.)

Indiana General Assembly IC 8-3 Chapter 17

IC 8-3-17-1Appointment, qualifications, and terms

Sec. 1. Upon the application in writing of a company owning, leasing, using, or operating a railroad in Indiana accompanied by the statements of three (3) reputable Indiana citizens testifying to the moral character of the applicant, the Indiana department of transportation shall appoint and commission persons the company designates and the department finds to be suitable and qualified persons, to act as policemen for the company, upon the premises of the company, or elsewhere within Indiana, when engaged in the discharge of their duties as policemen for that company. Every policeman appointed shall be known as a railroad policeman and shall be a person of good moral character. The policeman shall be commissioned so long as the policeman is employed by the company on whose application the policeman was appointed, unless the policeman's commission is sooner revoked by the Indiana department of transportation for good cause shown, or by the company on whose application the railroad policeman was appointed, as provided in section 8 of this chapter.

Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1. As amended by P.L.384-1987(ss), SEC.42; P.L.18-1990, SEC.50.

IC 8-3-17-2Commission; recordation; powers and duties

Sec. 2. (a) Every policeman appointed under this chapter shall, before entering upon the duties of office, take and subscribe an oath of office, which shall be endorsed upon the officer's commission, and the commission, with the oath, shall be recorded in the office of the clerk of the circuit court of the county in which the policeman resides. Every policeman who is appointed and commissioned as provided in this chapter shall have, exercise, and possess, throughout Indiana, while engaged in the discharge of the officer's duties as a policeman, the powers of sheriffs, marshals, constables, and municipal police officers, except in the service of civil process.

(b) A policeman who is appointed and commissioned under this chapter must wear a distinctive uniform and a badge of authority or must operate a motor vehicle that is clearly marked as a police vehicle when exercising the officer's authority to arrest or issue a traffic information and summons to a person for the violation of a law or ordinance regulating the use and operation of a motor vehicle on a public highway.

Formerly: Acts 1927, c.18, s.2. As amended by P.L.62-1984, SEC.31; P.L.72-1989, SEC.4.

IC 8-3-17-3Powers and duties

Sec. 3. Such policemen shall enforce and compel obedience to the laws of this state and to the ordinances of the cities and towns thereof, when engaged in the discharge of their duties as policemen for such company, and the keepers of jails, lock-ups and station-houses, in any county, city or town shall receive all persons arrested by such policemen for the commission of any offense against the laws of this state, or the ordinances of any such city or town, to be dealt with according to law, and persons so arrested shall be received by such keepers of jails, lock-ups or station-houses, on the same basis, and such persons shall have the same status as prisoners arrested by any other peace officer of the state of Indiana.

Formerly: Acts 1927, c.18, s.3.

IC 8-3-17-3.5Educational and training requirements

Sec. 3.5. (a) All railroad police commissioned under this chapter shall, within one (1) year of their commissioning, successfully complete all educational and training requirements established by rule of the Indiana department of transportation.

(b) Any newly commissioned railroad policeman who has had previous law enforcement experience and schooling which exceeds the training requirements established by the Indiana department of transportation may, upon proof of the policeman's previous experience and training, obtain a waiver of the training requirements imposed by this section.

Formerly: Acts 1975, P.L.80, SEC.2. As amended by P.L.384-1987(ss), SEC.43; P.L.18-1990, SEC.51.

IC 8-3-17-4Badge; exhibition upon demand and before making arrest

Sec. 4. Every policeman so appointed and commissioned shall, when on duty, as herein provided, wear a metallic badge, with the word "Police" and the name of the railroad company for which he is appointed, inscribed thereon, and he shall exhibit such badge, on demand, and before making an arrest.

Formerly: Acts 1927, c.18, s.4.

Iowa State Code 80.7

A Railroad Special Agent in Iowa has to be an Iowa State Certified Officer and is subject to all the training requirements as a typical Officer in Iowa. They are commissioned through Iowa Department of Public Safety. Within Federal Transportation, U.S. Code 49, title 28101, it states the role and responsibility of the Railroad Police and the State. In the Iowa code 80.7 Railway special agents specifically addresses the appointment of special agents by the commissioner of public safety.

Kansas Statutess Annotated (KSA)74-5607a (a) 2014

22-4701. Definitions.

As used in this act, unless the context clearly requires otherwise:

(a) "Central repository" means the criminal justice information system central repository created by this act and the juvenile offender information system created pursuant to K.S.A. 2014 Supp. 38-2326, and amendments thereto.

(b) "Criminal history record information" means all data initiated or collected by a criminal justice agency on a person pertaining to a reportable event, and any supporting documentation. Criminal history record information does not include:

(1) Data contained in intelligence or investigatory files or police work-product records used solely for police investigation purposes;

(2) wanted posters, police blotter entries, court records of public judicial proceedings or published court opinions;

(3) data pertaining to violations of the traffic laws of the state or any other traffic law or ordinance, other than vehicular homicide;

(4) presentence investigation and other reports prepared for use by a court in the exercise of criminal jurisdiction or by the governor in the exercise of the power of pardon, reprieve or commutation; or

(5) information regarding the release of defendants from confinement by the department of corrections or a jail.

(c) "Criminal justice agency" means any government agency or subdivision of any such agency which is authorized by law to exercise the power of arrest, detention, prosecution, adjudication, correctional supervision, rehabilitation or release of persons suspected, charged or convicted of a crime and which allocates a substantial portion of its annual budget to any of these functions. The term includes, but is not limited to, the following agencies, when exercising jurisdiction over criminal matters or criminal history record information:

(1) State, county, municipal and railroad police departments, sheriffs' offices and countywide law enforcement agencies, correctional facilities, jails and detention centers;

Kentucky

277.270 Railroad policemen, how appointed and removed. (1) Any company owning or operating a railroad in this state may apply to the Governor to appoint and commission as railroad policemen such persons as the company designates. The Governor, upon such application being made and upon the payment to him of a fee of five dollars ($5) for each policeman to be appointed, shall appoint such persons as the company designates, or as many thereof as he deems proper to be such policemen, and shall give commissions to those appointed. (2) When a railroad company no longer needs the services of a railroad policeman so appointed, notice to that effect, signed by the general manager or by the person in charge of operating the railroad, may be filed in the several offices in which the commission of the policeman is recorded. The clerk shall note the fact upon the margin of the record where the commission is recorded, and thereupon the power of the policeman shall cease as to any particular county in which such notice is so filed and recorded. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 779a-1, 779a-2, 779a-7, 779a-8.

277.280 Bond, powers and compensation of railroad policemen. (1) Each railroad policeman shall, before he enters upon the discharge of the duties of his office, execute bond, with good security, conditioned for the faithful performance of his duty as such policeman, and take and subscribe an oath of office. The bond shall be executed in the county in which the policeman resides, or in which the railroad has its registered process agent, if any, within the state, or in which the policeman performs any duties as a railroad policeman, and the bond shall be approved, and the oath administered, by the county judge/executive. The bond and oath shall be entered of record by the county clerk, and the execution of the bond and the taking of the oath shall be indorsed upon the commission of the person so qualifying. Each policeman so appointed and commissioned shall, throughout the counties through which the railroad operates, have and exercise the powers of sheriffs and constables in making arrests for public offenses committed upon or about railroad property, and in serving process in criminal and penal prosecutions for such offenses, and shall be subject to all the liabilities of sheriffs or constables. (2) The compensation of railroad policemen shall be fixed and paid by the railroad company for which they are appointed. Effective: July 15, 1986 History: Amended 1986 Ky. Acts ch. 304, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 384, sec. 456, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 218, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 779a-3, 779a-5.

Louisiana Revised Statutes (LRS)RS 40:1379.1.2

§1379.1.2. Special officers commission; rail police officers

A. The superintendent of state police shall be authorized to issue at his discretion a special officer's commission from the division of state police to any person who is employed by a rail carrier as a rail police officer in accordance with 49 U.S.C. §28101.

B. A rail police officer issued a special officer's commission shall maintain current certification pursuant to the Council on Peace Officer Standards and Training.

C. The superintendent of state police shall be authorized to perform any of the following acts:

(1) Determine eligibility to receive a special officer's commission.

(2) Revoke any special officer's commission for cause.

(3) Require those rail police officers holding special officer's commissions to furnish proof of being bonded.

(4) Require submission of any information that is deemed necessary for determining suitability for holding a special officer's commission.

D. A special officer's commission issued to a rail police officer pursuant to the provisions of this Section shall be in effect at all times and to the extent of the authority of a certified or commissioned police officer pursuant to the laws of this state for the purpose of enforcing the laws in any jurisdiction in which the rail carrier owns property and provides protection for the following:

(1) Employees, passengers, or patrons of the rail carrier.

(2) Property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier.

(3) Property moving in interstate or foreign commerce in the possession of the rail carrier.

(4) Personnel, equipment, and material moving by rail that are vital to national defense.

E. Special officer commissions issued pursuant to the provisions of this Section shall be valid for a period of one year from the date of their issuance.

F. The Department of Public Safety and Corrections may promulgate and adopt regulations with respect to the issuance of the special officer's commissions for rail police officers.

Acts 2014, No. 361, §1.

MAINE STATE RAILROAD POLICE ACT 23: TRANSPORTATION Chapter 609:

§6073. APPOINTMENT The Commissioner of Public Safety may commission and rescind the commissions of all railroad police officers in the State. The commissioner may commission and rescind the commissions of railroad police officers recommended and appointed by the chief police officer, or in his absence the chief operating officer of any railroad located wholly or partially within the State.

Railroad police officers shall be qualified persons as defined in section 6072, subsection 1, and are subject to the existing rules of the commissioner. Nothing contained in this Act may relieve any railroad from any civil liability for acts of a policeman in exercising or attempting to exercise the powers conferred by this Act. [1987, c. 141, Pt. A, §4 (NEW).]

SECTION HISTORY 1987, c. 141, §A4 (NEW). Generated 10.13.2016 §6071. Short title | 3 MRS Title 23, Chapter 609: MAINE STATE RAILROAD POLICE ACT §6074. OATH OF OFFICE Each policeman so appointed and commissioned shall, before entering upon the duties of his office, take an oath of office administered by the Commissioner of Public Safety. [1987, c. 141, Pt. A, §4 (NEW).]

SECTION HISTORY 1987, c. 141, §A4 (NEW). §6075. POWERS Each policeman may, in all cases in which the rights of the appointing railroad are involved, exercise within this State all powers, including the powers of arrest and the carrying of firearms, for the reasonable purpose of his office. [1987, c. 141, Pt. A, §4 (NEW).] SECTION HISTORY 1987, c. 141, §A4 (NEW).

2010 Maryland Code
PUBLIC SAFETY
TITLE 3 - LAW ENFORCEMENT
Subtitle 4 - Maryland Railroad Police Act
Section 3-402 - Appointment of railroad police officers authorized.

§ 3-402. Appointment of railroad police officers authorized.

Each railroad company located wholly or partly in the State may apply for the appointment of railroad police officers:

(1) to protect property, patrons, passengers, tenants, employees, equipment, and services; and

(2) to preserve peace and order on railroad premises, easements, appurtenant property, trains, cars, and other vehicles.

[An. Code 1957, art. 23, § 257(a); 2003, ch. 5, § 2.]

2006 Massachusetts Code - Chapter 22C — Section 51. Special state police officer appointments upon petition by railroad corporation.

Section 51. The colonel, upon the petition of a railroad corporation, or of a railway company, or of The Boston Terminal Corporation, or of Railway Express Agency, Inc., or of a common carrier of passengers by water for hire having a usual place of receiving or discharging passengers within the commonwealth, may from time to time appoint as special state police officers as many of the persons designated in said petition and being citizens of the United States as it may deem proper, for the purposes and with the powers hereinafter set forth. Any person, appointed as a special state police officer upon the petition of a railroad corporation, may act as a police officer upon the premises and vehicles of any corporation transporting passengers or property by motor vehicle under the joint control and management of said corporation and said railroad corporation, which, for the purposes of this and sections fifty-two and fifty-three, shall be considered as being the premises, cars and vehicles of said railroad corporation.

Michigan Railroad Code of 1993

(P.A. 354 1993)

462.367 Railroad police officer; appointment; commission; eligibility; duration of commission; employment before certain date. Rendered Friday, March 24, 2006 Page 26 Michigan Compiled Laws Complete Through PA 75 of 2006  Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov Sec. 367. (1) Upon application in writing of a company owning, leasing, using, or operating any railroad company in this state, whether by steam, electricity, or other motive power, accompanied by the statements of 3 reputable United States citizens testifying to the moral character of the person mentioned in the application, the director of the department of state police, if the director finds the person to be suitable and qualified, may appoint and commission the person to act as a police officer for the company, upon the premises of the company, or elsewhere within the state, when in the discharge of his or her duties as a police officer for the company. (2) A person shall not be eligible to receive an appointment unless the person is 18 years of age or older and has completed a minimum of 440 hours of training, which shall be certified by the Michigan law enforcement training council created by the Michigan law enforcement officers training council act of 1965, Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws. Every police officer so appointed shall be known and designated as a railroad police officer. A railroad police officer's commission shall be in force until it becomes null and void or terminated as provided in this act. (3) A railroad police officer employed on or before November 18, 1975 may continue that employment, and failure to meet the training standards required by this act shall not be grounds for dismissal or termination of employment. History: 1993, Act 354, Imd. Eff. Jan. 14, 1994.

2013 Mississippi Code
Title 77 - PUBLIC UTILITIES AND CARRIERS
Chapter 9 - RAILROADS AND OTHER COMMON CARRIERS
Article 3 - RAILROADS AND RAILROAD CORPORATIONS

Universal Citation: MS Code § 77-9-505 (2013)

(1) Upon request by the chief police officer of any railroad located wholly or partially within this state, the Commissioner of Public Safety may appoint and commission as a railroad police officer any qualified person named by such chief police officer; provided, however, that the Commissioner of Public Safety may refuse to appoint or may rescind the appointment of anyone. Any such railroad police officer so appointed shall at all times be answerable and responsible to the Commissioner of Public Safety.

(2) A railroad police officer appointed and commissioned as provided in subsection (1) of this section shall, before entering upon his duties as such officer, take the oath of office prescribed by Section 268, Mississippi Constitution of 1890, which shall be endorsed upon his commission. The commission, with the oath endorsed upon it, shall be recorded in the office of the Commissioner of Public Safety.

(3) A railroad police officer appointed and commissioned pursuant to the provisions of Sections 77-9-501 through 77-9-517 shall, while engaged in the performance of his duties, carry on his person a badge identifying him as a police officer of the railroad and an identification card issued by the railroad and countersigned by the Commissioner of Public Safety. When in uniform each such railroad police officer shall wear his badge in plain view.

(4) A railroad policeman may exercise the same powers of arrest and the right to bear firearms that may be exercised by any state, municipal or other police officer in this state, but only with respect to offenses committed against property owned by or in the possession of the railroad or against any person arising out of an offense committed against said railroad on railroad property, or against any employee of the railroad engaged in the performance of his duties. Railroad property for the purposes of Sections 77-9-501 through 77-9-517 shall be construed to mean only property owned by or in possession of the railroad on railroad rights-of-way or switching yards. Any right granted under this subsection in no way relieves the requirements of appropriate affidavit and warrant for arrest from the appropriate jurisdiction and authority pursuant to the laws of this state.

(5) Any person who is trained as a railroad police officer at the Mississippi Law Enforcement Training Academy shall be required to pay at least an amount equal to the per student cost of operation of said academy as tuition.

2013 Missouri Revised Statutes
TITLE XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 388 Railroad Corporations
Section 388.625 Railroad police, powers of.

Universal Citation: MO Rev Stat § 388.625 (2013)

Railroad police, powers of.

388.625. Railroad policemen, while engaged in the pursuit of their purposes in regard to violations of the law which occurred on railroad property, shall have in every county and city in this state all law enforcement powers which county and city peace officers have except for the serving and execution of civil process, provided, however, that a railroad policeman shall not apply for or serve search warrants.

(L. 1971 H.B. 232 § 6

Minnesota (Being researched)

Nebraska

84-106.

Superintendent of Law Enforcement and Public Safety; deputies; appointment by Governor; bond or insurance; powers; actions against, where brought.

The Governor is authorized to call to his or her assistance and to appoint persons necessary to assist the Superintendent of Law Enforcement and Public Safety to enforce the criminal laws. The superintendent and his or her assistants, who shall be designated deputy state sheriffs, shall qualify by taking and filing an oath in writing. Such persons shall be bonded or insured as required by section 11-201. The premiums may be paid for out of appropriations made to the state offices, departments, commissions, or other agencies to which such deputy state sheriffs are assigned. No deputy state sheriffs shall be assigned to the Department of Correctional Services. The superintendent and his or her assistants shall have the same powers in each of the counties of the state as the sheriffs have in their respective counties, insofar as the enforcement of the criminal laws is concerned. An action against the superintendent or any of his or her assistants for an act done by them or either of them by virtue of or under color of their offices respectively, or for any neglect of their official duties, shall be brought in Lancaster County, Nebraska, or in the county where the cause of action or some part thereof arose.

Source

· Laws 1919, c. 173, § 1, p. 384;

· C.S.1922, § 4832;

· Laws 1927, c. 157, § 1, p. 419;

· C.S.1929, § 84-107;

· Laws 1941, c. 176, § 14, p. 694;

· C.S.Supp.,1941, § 84-107;

· R.S.1943, § 84-106;

· Laws 1961, c. 449, § 1, p. 1374;

· Laws 1978, LB 653, § 37;

· Laws 2004, LB 884, § 47;

· Laws 2006, LB 757, § 1.

Cross References

· Superintendent designated as chief officer of the Nebraska State Patrol, see section 81-2001.

Annotations

· A deputized railroad security officer is constrained by the Fourth Amendment like any sheriff or police officer. State v. Claus, 8 Neb. App. 430, 594 N.W.2d 685 (1999).Nevada Administrative Code (NAC)289.200 CHAPTER 289 - STANDARDS AND TRAINING FOR PEACE OFFICERS

NRS 705.220 Railroad police: Appointment; responsibility for actions; wearing of badge.

1. The Governor may, upon the application of any railroad company, appoint and commission one or more persons, designated by the company, to serve as railroad police officers. The persons so appointed must serve at the sole expense of the company. The company designating such persons is responsible civilly for any abuse of their authority.

2. Every such police officer shall, when on duty, wear in plain view a star bearing the words “Railroad Police,” and the name of the company for which the police officer is commissioned.

[1:163:1921; NCL § 6327] + [2:163:1921; NCL § 6328]—(NRS A 1973, 225; 1993, 2541)

2013 New Jersey Revised Statutes
Title 48 - PUBLIC UTILITIES
Section 48:3-38 - Police for railroad, street railway, canal or steamboat companies

Universal Citation: NJ Rev Stat § 48:3-38 (2013)

48:3-38. Police for railroad, street railway, canal or steamboat companies
48:3-38. a. On the application of any railroad, street railway, canal or steamboat company the Governor may appoint such persons as the company may designate to act as policemen for the company. The Secretary of State shall issue to each person so appointed a commission, a copy of which shall be filed in the office of the Superintendent of State Police. Each appointee shall pay to the Secretary of State a fee of $25.00 for that commission.

All applications shall, in the first instance, be made to said superintendent. The superintendent shall investigate and determine the character, competency, integrity and fitness of the person or persons designated in the application. Notwithstanding any other provision of law in the case of any railroad, street railway, canal or steamboat company, the operations of which extend from this State to any other, such person or persons need not be residents of the State of New Jersey. If the application is approved by the superintendent, the applicant shall then present the approved application to the Governor.

Every person so appointed and commissioned shall, in the several counties, possess all the powers of policemen and constables in criminal cases of the several municipalities in such counties and shall be compensated by the company.

When on duty, except when employed as a detective, he shall wear in plain view a metallic shield or device with the words "railway police," "canal police" or "steamboat police" as may be appropriate, and the name or style of the company for whom he was appointed inscribed thereon.

Notwithstanding anything to the contrary herein contained, all appointments made prior to the effective date of this enactment which meet the requirements thereof shall be and they hereby are declared to be valid.

When any such company shall file in the offices of the Superintendent of State Police a notice that it no longer requires the service of such policeman, his power as such shall cease and determine.

b. The provisions of subsection a. of this section do not apply to the New Jersey Transit Corporation established by P.L.1979, c.150 (C.27:25-1 et seq.). The executive director of the corporation, through the chief of police of the New Jersey Transit Police Department, may appoint and employ transit police officers under the provisions of section 2 of this 1989 amendatory and supplementary act.

Amended 1951,c.275; 1987,c.435,s.15; 1989,c.291,s.1; 1991,c.386,s.4.

DECEMBER 8, 2015

No. 148: Appoint New Jersey and Connecticut Police Officers as Railroad Police Officers to Provide Enhanced Security on Commuter Trains, Buses, and Ferries

New Hampshire Title XXXIV Public Utilities

Chapter 381 Railroad Police Sction 381.1

381:1 Definitions. – As used in this chapter, "railroad,'' "railroads'' or "railway company'' or any combination of such words means a corporation, company or state engaged as a common carrier in the furnishing or sale of transportation, freight or passenger service, or any combination thereof, by railroad.