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Regular Session, 2014
HOUSE BILL NO. 1265 (Substitute for House Bill No. 438 by Representative Greene)
BY REPRESENTATIVE GREENE
LAW ENFORCE/OFFICER S: Provides for special officer's commissions for rail police
officers
AN ACT1
To enact R.S. 40:1379.1.2, relative to special officer's commissions; to provide for the2
issuance of a special officer commission to railroad police officers; to provide for the3
conditions relative to the term and effect of the commission; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1379.1.2 is hereby enacted to read as follows: 7
ยง1379.1.2. Special officers commission; rail police officers8
A. The superintendent of state police shall be authorized to issue at his9
discretion a special officer's commission from the division of state police to any10
person who is employed by a rail carrier as a rail police officer in accordance with11
49 U.S.C. 28101.12
B. A rail police officer issued a special officer's commission shall maintain13
current certification pursuant to the Council on Peace Officer Standards and14
Training.15
C. The superintendent of state police shall be authorized to perform any of16
the following acts:17
(1) Determine eligibility to receive a special officer's commission.18
(2) Revoke any special officer's commission for cause.19 HLS 14RS-2752 ENGROSSED
HB NO. 1265
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(3) Require those rail police officers holding special officer's commissions1
to furnish proof of being bonded.2
(4) Require submission of any information that is deemed necessary for3
determining suitability for holding a special officer's commission.4
D. A special officer's commission issued to a rail police officer pursuant to5
the provisions of this Section shall be in effect at all times and to the extent of the6
authority of a certified or commissioned police officer pursuant to the laws of this7
state for the purpose of enforcing the laws in any jurisdiction in which the rail carrier8
owns property and provides protection for the following:9
(1) Employees, passengers, or patrons of the rail carrier.10
(2) Property, equipment, and facilities owned, leased, operated, or11
maintained by the rail carrier.12
(3) Property moving in interstate or foreign commerce in the possession of13
the rail carrier.14
(4) Personnel, equipment, and material moving by rail that are vital to15
national defense.16
E. Special officer commissions issued pursuant to the provisions of this17
Section shall be valid for a period of one year from the date of their issuance.18
F. The Department of Public Safety and Corrections may promulgate and19
adopt regulations with respect to the issuance of the special officer's commissions20
for rail police officers.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Greene HB No. 1265
Abstract: Authorizes the issuance of special officer's commissions for railroad police
officers and provides for suitability requirements and duties.
Proposed law authorizes the superintendent of state police to issue at his discretion a special
officer's commission to any person employed by a rail carrier as a rail police officer in
accordance with federal law (49 U.S.C. 28101). HLS 14RS-2752 ENGROSSED
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Proposed law requires the rail officer to maintain P.O.S.T. certification status.
Proposed law requires the superintendent to determine who can receive a special commission
and further authorizes the superintendent to revoke the commission for cause and to furnish
proof of being bonded, or any other information necessary to determine suitability.
Proposed law requires that the special officer's commission remain in effect at all times and
have the same authority as a certified or commissioned police officer pursuant to the laws
of the state for purposes of enforcement in any jurisdiction in which the rail carrier owns
property and provides protection to any of 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.
Proposed law provides for the commission to be valid for one year from the date of issuance.
Proposed law authorizes the Dept. of Public Safety and Corrections to promulgate and adopt
regulation relative to the issuance of the special officer commission.
(Adds R.S. 40:1379.1.2)