IC 8-3-17
    Chapter 17. Railroad Police

IC 8-3-17-1
Appointment, qualifications, and terms
    Sec. 1. Upon the application in writing of a company owning,leasing, using, or operating a railroad in Indiana accompanied by thestatements of three (3) reputable Indiana citizens testifying to themoral character of the applicant, the Indiana department oftransportation shall appoint and commission persons the companydesignates and the department finds to be suitable and qualifiedpersons, to act as policemen for the company, upon the premises ofthe company, or elsewhere within Indiana, when engaged in thedischarge of their duties as policemen for that company. Everypoliceman appointed shall be known as a railroad policeman andshall be a person of good moral character. The policeman shall becommissioned so long as the policeman is employed by the companyon whose application the policeman was appointed, unless thepoliceman's commission is sooner revoked by the Indiana departmentof transportation for good cause shown, or by the company on whoseapplication the railroad policeman was appointed, as provided insection 8 of this chapter.
(Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1.) Asamended by P.L.384-1987(ss), SEC.42; P.L.18-1990, SEC.50.

IC 8-3-17-2
Commission; recordation; powers and duties
    Sec. 2. (a) Every policeman appointed under this chapter shall,before entering upon the duties of office, take and subscribe an oathof office, which shall be endorsed upon the officer's commission, andthe commission, with the oath, shall be recorded in the office of theclerk of the circuit court of the county in which the policemanresides. Every policeman who is appointed and commissioned asprovided in this chapter shall have, exercise, and possess, throughoutIndiana, while engaged in the discharge of the officer's duties as apoliceman, the powers of sheriffs, marshals, constables, andmunicipal police officers, except in the service of civil process.
    (b) A policeman who is appointed and commissioned under thischapter must wear a distinctive uniform and a badge of authority ormust operate a motor vehicle that is clearly marked as a policevehicle when exercising the officer's authority to arrest or issue atraffic information and summons to a person for the violation of alaw or ordinance regulating the use and operation of a motor vehicleon a public highway.
(Formerly: Acts 1927, c.18, s.2.) As amended by P.L.62-1984,SEC.31; P.L.72-1989, SEC.4.

IC 8-3-17-3
Powers and duties
    Sec. 3. Such policemen shall enforce and compel obedience to the

laws of this state and to the ordinances of the cities and townsthereof, when engaged in the discharge of their duties as policemenfor such company, and the keepers of jails, lock-ups andstation-houses, in any county, city or town shall receive all personsarrested by such policemen for the commission of any offenseagainst the laws of this state, or the ordinances of any such city ortown, to be dealt with according to law, and persons so arrested shallbe received by such keepers of jails, lock-ups or station-houses, onthe same basis, and such persons shall have the same status asprisoners arrested by any other peace officer of the state of Indiana.
(Formerly: Acts 1927, c.18, s.3.)

IC 8-3-17-3.5
Educational and training requirements
    Sec. 3.5. (a) All railroad police commissioned under this chaptershall, within one (1) year of their commissioning, successfullycomplete all educational and training requirements established byrule of the Indiana department of transportation.
    (b) Any newly commissioned railroad policeman who has hadprevious law enforcement experience and schooling which exceedsthe training requirements established by the Indiana department oftransportation may, upon proof of the policeman's previousexperience and training, obtain a waiver of the training requirementsimposed by this section.
(Formerly: Acts 1975, P.L.80, SEC.2.) As amended byP.L.384-1987(ss), SEC.43; P.L.18-1990, SEC.51.

IC 8-3-17-4
Badge; exhibition upon demand and before making arrest
    Sec. 4. Every policeman so appointed and commissioned shall,when on duty, as herein provided, wear a metallic badge, with theword "Police" and the name of the railroad company for which he isappointed, inscribed thereon, and he shall exhibit such badge, ondemand, and before making an arrest.
(Formerly: Acts 1927, c.18, s.4.)

IC 8-3-17-5
Compensation
    Sec. 5. The compensation for such policemen shall be paid by thecompany for which they are respectively appointed.
(Formerly: Acts 1927, c.18, s.5.)

IC 8-3-17-6
Surety bond
    Sec. 6. Every policeman appointed and commissioned shall,before entering upon the discharge of the policeman's duties, give asurety bond of five thousand dollars ($5,000), conditioned upon thefaithful performance of the policeman's duties. All the bonds shall befiled with and approved by the Indiana department of transportation,and, upon filing the bond, the policeman shall pay to the department

ten dollars ($10).
(Formerly: Acts 1927, c.18, s.6; Acts 1975, P.L.80, SEC.3.) Asamended by P.L.384-1987(ss), SEC.44; P.L.18-1990, SEC.52.

IC 8-3-17-7
Certificate; issuance of commission
    Sec. 7. Upon the issuance of a commission to any policeman, asprovided for in this chapter, the Indiana department of transportationshall also issue to that policeman a certificate certifying that thecommission has been issued, giving the name of the policemancommissioned, the name of the railroad company that policemanrepresents, and designating the date on which the commission wasissued. The certificates shall be of the form, size, and description asthe department may determine.
(Formerly: Acts 1927, c.18, s.7; Acts 1975, P.L.80, SEC.4.) Asamended by P.L.384-1987(ss), SEC.45; P.L.18-1990, SEC.53.

IC 8-3-17-8
Termination of powers
    Sec. 8. When a company no longer requires the services of apoliceman, it shall file a notice to that effect, under its corporate seal,with the clerk of the circuit court of the county where thecommission of that policeman is recorded, which shall be noted bythe clerk of the circuit court upon the margin of the record where thecommission is recorded. The company shall also file notice with theIndiana department of transportation. Thereupon, the powers of thatpoliceman terminate.
(Formerly: Acts 1927, c.18, s.8; Acts 1975, P.L.80, SEC.5.) Asamended by P.L.384-1987(ss), SEC.46; P.L.18-1990, SEC.54.

IC 8-3-17-9
Definitions
    Sec. 9. The term "railroad or railroads" or "railroad company" orany combination of such terms as used in this chapter shall beconstrued to include both steam and interurban railroads but shall notbe construed to include hobby, tourist, amusement, andnon-freight-carrying railroads.
(Formerly: Acts 1927, c.18, s.9.) As amended by Acts 1976, P.L.26,SEC.3.

IC 8-3-17-10
Repealed
    (Repealed by Acts 1975, P.L.80, SEC.7.)

IC 8-3-17-11
Effect of Acts 1975, P.L.80 on commissions
    Sec. 11. Acts 1975, P.L.80 does not affect the validity of arailroad policeman's commission in existence on January 1, 1976.
As added by P.L.1-1989, SEC.16.