Bill Text: NJ A3429 | 2016-2017 | Regular Session | Introduced
Bill Title: Clarifies police powers of railroad police officers and imposes training requirements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-07 - Introduced, Referred to Assembly Law and Public Safety Committee [A3429 Detail]
Download: New_Jersey-2016-A3429-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Clarifies police powers of railroad police officers and imposes training requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning railroad police officers and amending R.S.48:3-38.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.48:3-38 is amended to read as follows:
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] $25 for that commission.
All applications shall, in the first instance, be made to [said] the 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 that is appointed and commissioned shall, within one year of the date of the commission, successfully complete a police training course at a school approved and authorized by the Police Training Commission; provided, however, that the Police Training Commission, in its discretion, may exempt from the requirements of this section any person who demonstrates to the commission's satisfaction that he has successfully completed a police training course conducted by a federal, State, or other public or private agency, the requirements of which are substantially equivalent to the requirements of a school approved by the commission.
Every person [so] that is appointed and commissioned shall, in the several counties, possess all the powers of policemen and constables in criminal cases and offenses against the law, including motor vehicle offenses set forth in Title 39 of the Revised Statutes, 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 "special agent," "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] a 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.
(cf: P.L.1991, c.386, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill clarifies the police powers of railroad police officers and imposes training requirements.
Under current law, railroad police officers, who are employed by railroad companies, are permitted to exercise police powers in criminal cases. The provisions of this bill clarify that railroad police officers also are permitted to exercise police powers for offenses, such as motor vehicle offenses.
In addition, current law provides that a railroad police officer is required to complete certain training in order to carry a firearm; however there is no requirement for all railroad police officers to complete a police training course. This bill requires all railroad police officers, within one year of the date of commission, to complete a police training course at a school approved by the Police Training Commission (PTC). Under the bill, the PTC may exempt a person from this requirement if the person demonstrates that he or she has completed a police training course conducted by any federal, State, or other public or private agency which is substantially equivalent to the course requirements of a school approved by the PTC.
Finally, the bill clarifies that the shield that a railway police officer is required to wear when on duty may contain the words "special agent."
