Z-0165.1  _______________________________________________

                         SENATE BILL 5229

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Costa and Haugen; by request of Criminal Justice Training Commission

Read first time 01/16/2001.  Referred to Committee on Transportation.

Revising provisions relating to the commissioning and training of railroad police.

    AN ACT Relating to the commissioning and training of railroad police; and amending RCW 81.60.010, 81.60.020, 81.60.030, 81.60.040, 81.60.050, and 81.60.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 81.60.010 and 1961 c 14 s 81.60.010 are each amended to read as follows:

    The ((governor)) criminal justice training commission shall have the power to and may in ((his)) its discretion appoint and commission ((special)) railroad police officers at the request of any railroad corporation and may revoke any ((such)) appointment at ((his)) its pleasure.

    Sec. 2.  RCW 81.60.020 and 1961 c 14 s 81.60.020 are each amended to read as follows:

    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 (((division as herein intended, shall mean the part of any railroad or railroads under the jurisdiction of any one division superintendent),)) as ((special)) railroad police officers shall file a request with the ((governor)) criminal justice training commission on an approved application ((stating the name, age and place of residence of the person whose appointment it desires, the position he occupies with the railroad corporation, the nature of his duties and the reasons why his appointment is desired, which)) form.  The application shall be signed by the president or some managing officer of the railroad corporation and shall be accompanied by an affidavit ((of such officer to the effect)) stating that ((he)) the officer is acquainted with the person whose appointment is sought, that ((he)) the officer believes ((him)) the person to be of good moral character, and that ((he)) 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.

    Sec. 3.  RCW 81.60.030 and 1961 c 14 s 81.60.030 are each amended to read as follows:

    Before receiving ((his)) a commission each person appointed under the provisions of RCW 81.60.010 through 81.60.060 shall successfully complete a course of training prescribed or approved by the criminal justice training commission, and shall take, subscribe, and file with the ((governor)) commission an oath to support the Constitution of the United States((,)) and the Constitution and laws of the state of Washington, and to faithfully perform the duties of ((his)) the office.  The corporation requesting appointment of a railroad police officer shall bear the full cost of training.

Railroad police officers appointed and commissioned under RCW 81.60.010 through 81.60.060 are subject to rules and regulations adopted by the commission.

    Sec. 4.  RCW 81.60.040 and 1961 c 14 s 81.60.040 are each amended to read as follows:

    Every police officer appointed and commissioned under the provisions of RCW 81.60.010 through 81.60.060 shall when on duty have the power and authority conferred by law on peace officers, but shall exercise such power only in the protection of the property belonging to or under the control of the corporation at whose instance ((he)) the officer is appointed and in preventing, and making arrest for, violations of law upon or in connection with such property.

    Sec. 5.  RCW 81.60.050 and 1961 c 14 s 81.60.050 are each amended to read as follows:

    Every ((such special)) railroad police officer shall, when on duty, wear in plain view a ((metal shield)) badge bearing the words "((special)) railroad police" and the name of the corporation by which ((he)) the officer is employed, or carry, and present upon request, official credentials identifying the railroad police officer and corporation.

    Sec. 6.  RCW 81.60.060 and 1961 c 14 s 81.60.060 are each amended to read as follows:

    The corporation procuring the appointment of any ((special)) railroad police shall be solely responsible for the compensation for ((his)) the officer's services and shall be liable civilly for any unlawful act of ((such)) the officer resulting in damage to any person or corporation.

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