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 Statetraining 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. 452Pub. 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 (Being researched)

 

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 (Being researched)

 

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.


            (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. 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 Chapter 13, Subsection 661

(Being researched)
 

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 (Being researched

 

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.

 

Title 23: TRANSPORTATION Chapter 609: MAINE STATE RAILROAD POLICE ACT

 

§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 (Being researched)

 

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, 2251993, 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

 

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;

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.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:2

381:2 Appointment. – The commissioner of safety shall have the authority to commission and rescind the commissions of all railroad police officers in the state of New Hampshire. The commissioner of safety may commission and rescind the commissions of railroad police officers recommended by the commissioner of transportation pursuant to RSA 228:62-a or 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.

Source. 1979, 333:1. 1981, 75:2; 568:166. 1985, 402:6, I(b)(8).

Section 381:3

381:3 Responsibility. – In enforcing the provisions of this chapter, neither the commissioner of safety as an individual nor the state of New Hampshire shall assume any civil liability for acts of a police officer in exercising or attempting to exercise the powers conferred by this chapter. Nothing contained in this chapter shall have the effect of relieving any such railroad from any civil liability for the acts of a police officer in exercising or attempting to exercise the powers conferred by this chapter.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:4

381:4 Qualifying for Commission. – Any person who was a railroad police officer on August 21, 1979, in order to qualify for an appointment as a railroad police officer pursuant to RSA 381:2, must have been employed on a full-time basis by a railroad police department, municipal police department or a state police department, or combination thereof, for a minimum of 3 years. Such employment shall have been in performing the duties of a police officer. Any person who was not a railroad police officer on August 21, 1979, or who was so employed but did not have the 3 years of employment required by this section, shall be required to be certified as a police officer in accordance with RSA 106-L in order to qualify for appointment pursuant to RSA 381:2. Any person employed as a railroad police officer after August 21, 1979, shall complete such training as the police standards and training council shall determine, which, together with his or her prior training and experience in this or any other jurisdiction, is the equivalent required for certification as a police officer in accordance with RSA 106-L in order to qualify for appointment pursuant to RSA 381:2.

Source. 1979, 331:1. 1989, 260:4, eff. July 1, 1989. 2017, 206:16, eff. Sept. 8, 2017.

Section 381:5

381:5 Powers. – Any police officer appointed in accordance with this chapter shall have the authority in all cases in which the rights of the appointing railroad are involved to exercise within this state all the powers of a special police officer, including the powers of arrest and the carrying of firearms, for the reasonable purpose of his office.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:6

381:6 Disposition of Persons Arrested. – The keepers of jails, lockups and station houses in any county, city or town shall receive all persons arrested by railroad police 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 arrested shall be received by keepers of jails, lockups or station houses and such persons shall have the same status as other persons arrested by any other police or peace officer of this state.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:7

381:7 Carrying of Shield. – Each railroad police officer so appointed and commissioned shall, when on duty, carry a shield or star with the words "Police'', "Railroad Police'', or "Railway Police'', and the name of initials of the appointing railroad inscribed thereon. This shield, or star, shall be worn in plain view when in uniform. Such police officers shall also carry, when on duty, an identification card issued by the appointing railroad.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:8

381:8 Compensation. – The railroad to which each railroad police officer is assigned shall be responsible for employment and retirement compensation and for the financial cost of training of railroad police officers.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:9

381:9 Reciprocity. – In order to more effectively carry out the purposes of this chapter, the governor of this state, referred to as the empowering state, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, subject to any regulations prescribed under such agreement, empowering a railroad police officer with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense against the empowering or the reciprocal state, but only to the extent that such offense is committed on property owned, operated or maintained by the appointing railroad or committed against property owned or in the possession of such railroad.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:10

381:10 Termination of Authority. – Upon termination of employment of any railroad police officer, the powers of such police officer shall terminate. Within 10 days after such termination, the appointing railroad shall, through its designated chief police officer or, in the absence of a chief police officer, its chief operating officer, file a notice of termination of employment of such individual with the commissioner of safety.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:11

381:11 Rules. – The commissioner of safety shall have the authority to adopt rules, pursuant to RSA 541-A, to carry out the provisions of this chapter. Railroad police officers shall be subject to such rules.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:12

381:12 Impersonating an Officer. – Any person who impersonates a railroad police officer shall be guilty of a class B felony.

Source. 1979, 331:1. 2008, 225:2, eff. Jan. 1, 2009.

Section 381:13

381:13 Arraignment of Offenders. – Any police officer may carry a person arrested upon the cars of the railroad upon whose petition the officer was appointed to the next railroad station at which the train on which they are travelling stops, although in another county, and detain said person until he can be taken back to the county wherein the offense was committed. All persons so arrested shall be discharged or taken before a municipal or district court to answer for their offenses within 24 hours after their arrest, Sundays and holidays excepted.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:14

381:14 Criminal Trespass on Railroad Property. – Any person who enters or remains in a railroad station, upon the platform or grounds adjacent to a station, or upon any property of a railroad knowingly without license or privilege to do so, or a person who enters or remains upon or returns to said property in defiance of an order of a station agent or any police officer shall be guilty of criminal trespass as provided in RSA 635:2.

Source. 1979, 331:1. 1981, 74:1, eff. June 2, 1981.

Section 381:15

381:15 Reporting of Arrests. – Railroad police officers shall report all criminal offenses investigated and arrests by them within the state to the nearest state police troop station or to state police headquarters in such a manner as the director of state police shall prescribe.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:16

381:16 Oath of Office. – Each police officer so appointed and commissioned shall, before entering upon the duties of his office, take an oath of office administered by the commissioner of safety or his designee.

Source. 1979, 331:1, eff. Aug. 21, 1979.

New Mexico Railroad Police Authority: 

63-2-18. [Peace officers; appointment; bond; no authority in labor troubles.] 

The governor of this state is hereby authorized and empowered, upon the application of any railroad company, to appoint, and to commission to serve, during his pleasure, one or more persons designated by such company, to serve at the sole expense of such company, as peace officers with all the powers of regular peace officers, and to give a good and sufficient bond to the state of New Mexico in the penal sum of five thousand dollars ($5,000.00) for the faithful performance of their duties. The company designating such person or persons shall be responsible civilly for any abuse of his or their authority; provided, that such peace officers so appointed shall not have authority as such to act or perform any service or to be used as peace officers with reference to strikes or labor troubles. 
History: Laws 1921, ch. 141, § 1; C.S. 1929, § 116-901; 1941 Comp., § 74-220; 1953 Comp., § 69-2-20. 

2005 North Carolina Code - General Statutes § 74E-6. Oaths, powers, and authority of company police officers.

§ 74E‑6.� Oaths, powers, and authority of company police officers.

(a)������ Requirements. � An individual who is commissioned as a company police officer must take the oath of office required of a law enforcement officer before the individual assumes the duties of a company police officer. The person in each company police agency who is responsible for the agency's company police officers must be commissioned as a company police officer.

(b)������ Categories. � The following three distinct classifications of company police officers are established:

(2)������ Railroad Police Officers � Those company police officers who are employed by a certified rail carrier and commissioned as company police officers under this Chapter.

2016 North Dakota Century Code
Title 49 Public Utilities
Chapter 49-10.1 Railroad Regulation by Public Service Commission

49-10.1.05 Railroad Police

Railroad police officers who are designated by a railroad to be

Licensed under the laws of this state, while engaged in their

Employment with the railroad, have the authority of a “law

Enforcement officer” pursuant to subsection 17 of section 12.1-01-04 for the purpose of arresting any person committing a felony on railroad property or associated with railroad equipment, or to arrest a person committing a misdemeanor involving railroad property or relating to persons or property being transported by the railroad, or awaiting transportation by the railroad, and have the power of removing an individual from a train who has no right to be there, or who is engaging in a conduct prohibited by title 12.1

Ohio (Being researched)

 

2006 Oklahoma Code - Title 66. — Railroads

§66-183.  Railway law enforcement officers - Power and authority.

Railway companies organized under the laws of this state, or doing business within the state, are hereby authorized and empowered at their own expense to appoint and employ law enforcement officers at such stations or other places on the lines of their railroads within this state, as said companies may deem necessary for the protection of their property, and the preservation of order on their premises, and in and about their cars, depots, depot grounds, yards, buildings or other structures; and said law enforcement officers shall have power and authority to arrest, with or without warrant, any person or persons who shall commit any offense against the laws of this state, or the ordinances of any town, city, or other municipality when such offense shall have been committed upon the premises of said companies, or in and about their cars, depots, depot grounds, yards, buildings, or other structures.  Nothing herein contained shall be construed as restricting the lawful rights, powers or privileges of any sheriff, constable, policeman, or peace officer within their respective jurisdiction, and for the official acts of railway law enforcement officers, the railroad company making such appointment shall be held responsible to the same extent as for the acts of any of its general agents or employees.

R.L. 1910, § 1444; Laws 1994, c. 64, § 1, emerg. eff. April 15, 1994.

 

(Ohio) 4973.17 Commissions for special police officers  

(B) Upon the application of a company owning or using a railroad in this state and subject to section 4973.171 of the Revised Code, the secretary of state may appoint and commission any persons that the railroad company designates, or as many of those persons as the secretary of state considers proper, to act as police officers for and on the premises of the railroad company, its affiliates or subsidiaries, or elsewhere, when directly in the discharge of their duties. Police officers so appointed, within the time set by the Ohio peace officer training commission, shall successfully complete a commission approved training program and be certified by the commission. They shall hold office for three years, unless, for good cause shown, their commission is revoked by the secretary of state, or railroad company, as provided by law. Any person holding a similar commission in another state may be commissioned and may hold office in this state without completing the approved training program required by this division provided that the person has completed a substantially equivalent training program in the other state. The Ohio peace officer training commission shall determine whether a training program in another state meets the requirements of this division.

 

(Oregon) 2015 ORS 131.880¹ 

Appointment of railroad police officers

The Governor, upon application of any railroad company operating in this state, may appoint and commission, during the pleasure of the Governor, persons designated by the company and to serve at the expense of the company, as police officers, with the powers of peace officers and who, after being duly sworn, may act as police officers to protect the railroad company property and the persons or property of the railroad company passengers or employees. The railroad company designating such persons is civilly responsible for any abuse of their authority. [1973 c.676 §1] 

2010 Pennsylvania Code
Title 22 - DETECTIVES AND PRIVATE POLICE
Chapter 5 - Private Police
Title 22 Chapter

RAILROAD AND STREET RAILWAY POLICE

Sec.

3301.  Appointment.

3302.  Oath of office.

3303.  Powers and duties.

3304.  Compensation and liability.

3305.  Termination of appointment.

Enactment.  Chapter 33 was added November 23, 1982, P.L.686, No.196, effective in 30 days. Section 3 of Act 196 of 1982 provided that nothing contained in the act shall affect the validity of any commissions which are presently valid and issued pursuant to the acts repealed by Act 196.

Cross References.  Chapter 33 is referred to in section 2162 of Title 53 (Municipalities Generally).

§ 3301.  Appointment.

A corporation owning or operating a railroad or street passenger railway in this Commonwealth, including also an authority existing pursuant to Article III of the act of January 22, 1968 (P.L.42, No.8), known as the "Pennsylvania Urban Mass Transportation Law," for its entire transportation system, and including an authority existing pursuant to the act of April 6, 1956 (1955 P.L.1414, No.465), known as the "Second Class County Port Authority Act," may apply to the Commissioner of the Pennsylvania State Police upon such forms as he shall prescribe for the appointment of specific persons as the applicant may designate to act as railroad or street railway policemen for it. The commissioner, after such investigation as he shall deem necessary, shall recommend to the Governor the commissioning of such persons as railroad or street railway policemen or advise the applicant of their adverse recommendations and the reasons therefor. The Governor, upon such application and recommendation, may appoint such persons to be railroad or street railway policemen, and shall issue to such persons so appointed a commission to act as such policemen.

§ 3302.  Oath of office.

Every railroad or street railway policeman so commissioned shall, before entering upon the duties of his office, take and subscribe the oath required by Article VI of the Constitution of Pennsylvania. The oath and commission issued by the Governor shall be recorded in the office of the Secretary of the Commonwealth, in the county where the registered corporate office or principal place of business is located and a copy filed with the commissioner.

§ 3303.  Powers and duties.

(a)  General powers.--Railroad and street railway policemen shall severally possess and exercise all the powers of a police officer in the City of Philadelphia, in and upon, and in the immediate and adjacent vicinity of, the property of the corporate authority or elsewhere within this Commonwealth while engaged in the discharge of their duties in pursuit of railroad, street railway or transportation system business.

(b)  Detention of arrested persons.--The keepers of jails and other places of detention in any county of this Commonwealth shall receive all persons arrested by railroad or street railway policemen for purposes of detention until they are dealt with according to law.

(c)  Badge.--Railroad and street railway policemen when on duty shall wear or carry a metallic shield containing the words "railroad police" or "railway police" and the name of the authority.

(d)  Course of instruction.--Every railroad and street railway police officer shall successfully complete the same course of instruction required for municipal police officers by the act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law.

§ 3304.  Compensation and liability.

The compensation of railroad or street railway policemen shall be paid by their corporate authority. The Commonwealth of Pennsylvania shall not be held liable for any wrongful act of any police officer commissioned under the provisions of this chapter.

§ 3305.  Termination of appointment.

When the corporate authority no longer requires the services of any railroad or street railway policemen, it shall file a notice to that effect, under its corporate seal, in the office of the Secretary of the Commonwealth, in the office of the recorder of deeds where the oath and commission were recorded and with the commissioner. The recorder of deeds shall note this information upon the margin of the record where the oath and commission were recorded and thereupon the powers of the policemen shall terminate.

 

Rhode Island General Laws 12-2-1. Commissioning of special police — Revocation of commission

Current as of: 2016 |    

The governor may from time to time, upon the application of any common carrier of passengers, or of the director of transportation, commission for an indefinite term one or more persons designated by that common carrier or the director of transportation who, having been duly sworn, may act at its expense as police officers upon the premises used by it in its business and upon its cars, vessels, and bridges. The commission may be revoked by and at the pleasure of the appointing or any succeeding governor, by certifying the revocation to the secretary of state, who shall notify the common carrier or the director of transportation upon whose application the commission was issued. 

History of Section. 
(G.L. 1896, ch. 107, § 1; P.L. 1902, ch. 972, § 1; C.P.A. 1905, § 1119; P.L. 1908, ch. 1555, § 1; G.L. 1909, ch. 128, § 1; G.L. 1923, ch. 134, § 1; G.L. 1938, ch. 615, § 1; P.L. 1951, ch. 2847, § 1; G.L. 1956, § 12-2-1.)

 

South Carolina (Being researched) 

 

South Dakota Codified Laws 49-16A-103. Railroad police–Authority to arrest–Procedure on arrest without warrant

Current as of: 2016

Policemen employed pursuant to § 49-16A-102 have the authority to arrest, with or without warrant, any person who commits an offense against the laws of this state, or the ordinances of any municipality, when such offense has been committed on the premises of the railroad, or in and about its cars, depots, depot grounds, yards, buildings, or other structures. They also have the authority of law enforcement officers in regard to the arrest and apprehension of offenders in or about such premises. If an arrest is made by such a policemen without warrant, he shall immediately take the offender to a magistrate having jurisdiction of the offense, and file a complaint against the offender.

Source: SDC 1939, § 52.1201; SDCL, § 49-27-2; SL 1980, ch 322, § 102.

2010 Tennessee Code
Title 65 - Public Utilities And Carriers
Chapter 6 - Railroads Powers Construction and Maintenance
Part 1 - General Provisions
65-6-133 - Railroad police officers.

65-6-133. Railroad police officers.

(a)  Any company or corporation owning or operating a railroad in this state may apply to the governor to commission such number of its agents, servants or employees as the company shall designate to act as police officers for the company.

(b)  The governor, upon such application, shall appoint such persons as the company designates, or as many thereof as the governor deems proper to be such police officers, and shall give commissions to those appointed.

(c)  Before entering into the performance of police duties, every police officer so appointed shall take and subscribe an oath of office, and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the state of Tennessee, conditioned for the faithful performance of such duties. Such oath of office and such bond, with a copy of the commission, shall be filed with the secretary of state.

(d)  Each police officer shall have and exercise throughout every county in which the company for which such officer was appointed shall do business, operate, or own property, the power to make arrests for violation of law on the property of such company, and to arrest persons, whether on or off such company's property, violating any law on such company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests, and shall have authority to carry weapons for the reasonable purpose of their offices. The keepers of jails in any county or municipality wherein the violation occurs for which any such arrest is made shall receive all persons arrested by such police officer to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other police officer.

(e)  Every police officer so appointed shall, when on duty, carry a badge or identification card identifying the officer as a member of the police department of such railroad company for or which such officer is appointed, and the officer shall exhibit such badge or identification card, on demand, and before making an arrest.

(f)  The compensation for such police officers shall be paid by the company for which they are respectively appointed.

(g)  When a company no longer requires the services of a police officer so appointed, it shall file a notice to that effect with the secretary of state. Thereupon, the powers of such police officer shall cease and terminate.

(h)  Any person commissioned as a police officer pursuant to this section shall, prior to such commission, receive peace officer standards and training certification.

[Acts 1969, ch. 111, §§ 1-7; T.C.A., §§ 65-648 65-654; Acts 2009, ch. 372, § 3.]  

2005 Texas Code of Criminal Procedure CHAPTER 2. GENERAL DUTIES OF OFFICERS

 CODE OF CRIMINAL PROCEDURE
 CHAPTER 2. GENERAL DUTIES OF OFFICERS

Art. 2.121. RAILROAD PEACE OFFICERS.  (a) The director of  the Department of Public Safety may appoint up to 250 railroad peace  officers who are employed by a railroad company to aid law  enforcement agencies in the protection of railroad property and the  protection of the persons and property of railroad passengers and  employees.

               (b)  Except as provided by Subsection (c) of this article, a  railroad peace officer may make arrests and exercise all authority  given peace officers under this code when necessary to prevent or  abate the commission of an offense involving injury to passengers  and employees of the railroad or damage to railroad property or to  protect railroad property or property in the custody or control of  the railroad.               (c)  A railroad peace officer may not issue a traffic  citation for a violation of Chapter 521, Transportation Code, or  Subtitle C, Title 7, Transportation Code.      (d)  A railroad peace officer is not entitled to state  benefits normally provided by the state to a peace officer.   (e)  A person may not serve as a railroad peace officer for a  railroad company unless:            (1)  the Texas Railroad Association submits the person's  application for appointment and certification as a railroad peace  officer to the director of the Department of Public Safety and to  the executive director of the Commission on Law Enforcement Officer  Standards and Education;       (2)  the director of the department issues the person a  certificate of authority to act as a railroad peace officer;  and         (3)  the executive director of the commission determines  that the person meets minimum standards required of peace officers  by the commission relating to competence, reliability, education,  training, morality, and physical and mental health and issues the  person a license as a railroad peace officer;  and            (4)  the person has met all standards for certification as a  peace officer by the Commission on Law Enforcement Officer  Standards and Education.        (f)  For good cause, the director of the department may  revoke a certificate of authority issued under this article and the  executive director of the commission may revoke a license issued  under this article.  Termination of employment with a railroad  company, or the revocation of a railroad peace officer license,  shall constitute an automatic revocation of a certificate of  authority to act as a railroad peace officer.     (g)  A railroad company is liable for any act or omission by a  person serving as a railroad peace officer for the company that is  within the person's scope of employment.  Neither the state nor any  political subdivision or agency of the state shall be liable for any  act or omission by a person appointed as a railroad peace officer.   All expenses incurred by the granting or revocation of a  certificate of authority to act as a railroad peace officer shall be  paid by the employing railroad company.        (h)  A railroad peace officer who is a member of a railroad  craft may not perform the duties of a member of any other railroad  craft during a strike or labor dispute.               (i)  The director of the department and the executive  director of the commission shall have the authority to promulgate  rules necessary for the effective administration and performance of  the duties and responsibilities delegated to them by this article.  Added by Acts 1985, 69th Leg., ch. 531, Sec. 1, eff. June 12, 1985.   Amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.01, eff. Sept. 1,  1999.

2010 Utah Code
Title 53 - Public Safety Code
Chapter 13 - Peace Officer Classifications
53-13-105 - Special function officer.

53-13-105. Special function officer.
(1) (a) "Special function officer" means a sworn and certified peace officer performing specialized investigations, service of legal process, security functions, or specialized ordinance, rule, or regulatory functions.
(b) "Special function officer" includes:
(i) state military police;
(ii) constables;
(iii) port-of-entry agents as defined in Section 72-1-102;
(iv) authorized employees or agents of the Department of Transportation assigned to administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
(v) school district security officers;
(vi) Utah State Hospital security officers designated pursuant to Section 62A-15-603;
(vii) Utah State Developmental Center security officers designated pursuant to Subsection 62A-5-206(9);
(viii) fire arson investigators for any political subdivision of the state;
(ix) ordinance enforcement officers employed by municipalities or counties may be special function officers;
(x) employees of the Department of Natural Resources who have been designated to conduct supplemental enforcement functions as a collateral duty;
(xi) railroad special agents deputized by a county sheriff under Section 17-30-2, or appointed pursuant to Section 56-1-21.5;
(xii) auxiliary officers, as described by Section 53-13-112;
(xiii) special agents, process servers, and investigators employed by city attorneys;
(xiv) criminal tax investigators designated under Section 59-1-206; and
(xv) all other persons designated by statute as having special function officer authority or limited peace officer authority.
(2) (a) A special function officer may exercise that spectrum of peace officer authority that has been designated by statute to the employing agency, and only while on duty, and not for the purpose of general law enforcement.
(b) If the special function officer is charged with security functions respecting facilities or property, the powers may be exercised only in connection with acts occurring on the property where the officer is employed or when required for the protection of the employer's interest, property, or employees.
(c) A special function officer may carry firearms only while on duty, and only if authorized and under conditions specified by the officer's employer or chief administrator.
(3) (a) A special function officer may not exercise the authority of a peace officer until:
(i) the officer has satisfactorily completed an approved basic training program for special function officers as provided under Subsection (4); and
(ii) the chief law enforcement officer or administrator has certified this fact to the director of the division.
(b) City and county constables and their deputies shall certify their completion of training to the legislative governing body of the city or county they serve.
(4) (a) The agency that the special function officer serves may establish and maintain a basic special function course and in-service training programs as approved by the director of the division with the advice and consent of the council.

(b) The in-service training shall consist of no fewer than 40 hours per year and may be conducted by the agency's own staff or by other agencies. 

Amended by Chapter 8, 2002 Special Session 5

2015 Vermont Statutes
Title 5 - Aeronautics and Surface Transportation
Chapter 68 - Construction And Operation Of The Road
Subchapter 8: RAILROAD POLICE
§ 3755 Commissions

Universal Citation: 5 V.S.A. § 3755

§ 3755. Commissions

Upon petition of a person or corporation owning or operating a railroad, the Commissioner of Public Safety may, subject to the provisions of section 3757 of this subchapter, commission any employees of the railroad as the person or corporation designates to act as police officers in and upon the premises and equipment owned, managed, or used by a railroad, shall issue commissions to the employees so commissioned, and shall have the authority to rescind such commissions. (Added 1981, No. 104, § 1; amended 2013, No. 141 (Adj. Sess.), § 14, eff. July 1, 2015.)

2016 Code of Virginia
Title 56 - Public Service Companies
Chapter 13 - Railroad Corporations
§ 56-353. Railroad company may appoint police agents

Universal Citation: VA Code § 56-353 (2016)

The president or any other executive officer of any railroad company incorporated by this Commonwealth may, with the approval of the circuit court of any county or the corporation court of any city through which the road passes or has its chief office, appoint one or more police agents, who shall have authority in all cases in which the rights of such railroad company are involved to exercise within the Commonwealth all powers which can be lawfully exercised by any police officer for the preservation of the peace, the arrest of offenders and disorderly persons, and for the enforcement of laws against crimes; and such president or other executive officer may remove any such agent at his pleasure; but, any court giving such consent may at any time revoke it.

Code 1919, § 3944; 1930, p. 787.

2015 Revised Code of Washington
Title 81 - TRANSPORTATION
81.60 Railroads—Railroad police and regulations.
81.60.020 Application for appointment.

Universal Citation: WA Rev Code § 81.60.020 (2015)

RCW 81.60.020 Application for appointment.

Any railroad corporation desiring the appointment of any of its officers, agents, or servants not exceeding twenty-five in number for any one division of any railroad operating in this state as railroad police officers shall file a request with the criminal justice training commission on an approved application form. The application shall be signed by the president or some managing officer of the railroad corporation and shall be accompanied by an affidavit stating that the officer is acquainted with the person whose appointment is sought, that the officer believes the person to be of good moral character, and that the person is of such character and experience that he or she can be safely entrusted with the powers of a police officer.

For the purposes of this section, "division" means the part of any railroad or railroads under the jurisdiction of any one division superintendent.

[2001 c 72 § 2; 1961 c 14 § 81.60.020. Prior: 1955 c 99 § 1; 1915 c 118 § 2; RRS § 10543.]

WEST VIRGINIA CODE

§61-3-41. Employees conservators of the peace; special railroad policemen; penalties.


The conductor of every passenger car and flag person and brake person employed on such car, as well as the conductor of every train of railroad or traction cars, shall have all the powers of a conservator of the peace while in charge of such car or train.

Any railroad company owning, or leasing and operating, or using any railroad or traction line or system lying wholly or partially within this state, whether such railroad be operated by steam or electric power, may apply to the Governor to appoint such citizen or citizens of this state as such railroad company may designate, to act as special police officers for such railroad or traction company, with the consent of such citizen or citizens; and the Governor may, upon such application, appoint and commission such person or persons, or so many of them as he may deem proper, as such special police officers. Every police officer so appointed shall appear before some person authorized to administer oaths and take and subscribe the oath prescribed in the fifth section of the fourth article of the Constitution, and shall file such oath with the clerk of the county commission, or other tribunal in lieu thereof, of the county in which he shall reside. He or she shall also file certified copies of such oath in the office of the Secretary of State, and in the office of the clerk of the county commission, or other tribunal established in lieu thereof, of each county through which such railroad or any portion thereof may extend. Every police officer appointed under the provisions of this section shall be a conservator of the peace within each county in which any part of such railroad may be situated, and in which such oath or a certified copy thereof shall have been filed with the clerk of the county commission or other tribunal established in lieu thereof; and, in addition thereto, he shall possess and may exercise all the powers and authority, and shall be entitled to all the rights, privileges and immunities within such counties, as are now or hereafter may be vested in or conferred upon a deputy sheriff of such county. Any appointment made by the Governor under the provisions of this section may be revoked by him or her for good cause shown, and such police officers may be removed from office for official misconduct, incompetence, habitual drunkenness, neglect of duty or gross immorality, in the same manner in which regularly elected or appointed county officers may be removed from office. Whenever any such railroad company shall desire to dispense with the services of any police officer, it may file a notice to that effect, under its corporate seal, attested by its secretary, in each of the several offices in which such oath or certified copy thereof shall have been filed; and, thereupon, the powers of the police officer shall cease and determine. Police officers may wear such uniform and badge of authority, or either, as the railroad company, upon whose application they were appointed, may designate, and such railroad company shall pay them for all services rendered pursuant to his or her appointment.

Wisconsin Statutes 192.47 – Railroad police; oath; powers

Current as of: 2016 | 

Any railway company may, at its own expense, appoint and employ railroad police officers at the stations or other places on the line of its road within this state as it deems necessary for the protection of its property and the preservation of order on its premises and in and about its cars, depots, depot grounds, yards, buildings or other structures. Each police officer shall take an oath to support the constitution of the United States and claiming to be a citizen of the United States and shall file it with the office. Each police officer shall, when on duty, wear a shield furnished by the company bearing the words “Railroad Police” and the name of the company. These police officers may arrest, with or without warrant, any personwho in their presence commits upon the premises of the company or in or about its cars, depots, depot grounds, yards, buildings or other structures any offense against the laws of this state or the ordinances of any town, city or village, and shall also have the authority of sheriffs in regard to the arrest or apprehension of these offenders in or about the premises or appurtenances. In case of the arrest, by a railroad police officer, of any person without warrant the officer shall immediately take the offender before a judge having jurisdiction and make complaint against the offender. Every railway company shall be responsible for the acts of its police officers.

Wyoming lawmakers deny railroad security officers legislation

 By KYLE ROERINK Star-Tribune staff writer Jan 18, 2014       

  Jan 18, 2013

CHEYENNE — State lawmakers defeated legislation Thursday that would have given railroad security officers the power to arrest, issue citations and use firearms when necessary.

Current law allows companies to name reserve deputies in each county. The deputies are trained to handle emergency situations on rail cars or at loading stations. With 900 miles of track, the Burlington Northern and Sante Fe and the Union Pacific railroads only have one trained security officer each.