SPONSOR:

Sen. Vaughn

 

 

 

DELAWARE STATE SENATE

 

142nd GENERAL ASSEMBLY

 

SENATE AMENDMENT NO. 2

 

TO

 

SENATE BILL NO. 294

 

 



 


AMEND Senate Bill No. 294 by striking lines 2 through 8 in their entirety and by substituting in lieu thereof the following:

                “(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.  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.”


SYNOPSIS

This further clarifies the police powers that may be granted to certified railroad police and stipulates the Council on Police Training must certify the qualifications of the railroad police officers.  This Amendment does not include authorization to investigate on property adjacent to railroad property.

Author:  Sen. Vaughn