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.
|