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 the
statements of three (3) reputable Indiana citizens testifying to the
moral character of the applicant, the Indiana department of
transportation shall appoint and commission persons the company
designates and the department finds to be suitable and qualified
persons, to act as policemen for the company, upon the premises of
the company, or elsewhere within Indiana, when engaged in the
discharge of their duties as policemen for that company. Every
policeman appointed shall be known as a railroad policeman and
shall be a person of good moral character. The policeman shall be
commissioned so long as the policeman is employed by the company
on whose application the policeman was appointed, unless the
policeman's commission is sooner revoked by the Indiana department
of transportation for good cause shown, or by the company on whose
application the railroad policeman was appointed, as provided in
section 8 of this chapter. (Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1.) As
amended 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 oath
of office, which shall be endorsed upon the officer's commission, and
the commission, with the oath, shall be recorded in the office of the
clerk of the circuit court of the county in which the policeman
resides. Every policeman who is appointed and commissioned as
provided in this chapter shall have, exercise, and possess, throughout
Indiana, while engaged in the discharge of the officer's duties as a
policeman, the powers of sheriffs, marshals, constables, and
municipal police officers, except in the service of civil process.
(b) A policeman who is appointed and commissioned under this
chapter must wear a distinctive uniform and a badge of authority or
must operate a motor vehicle that is clearly marked as a police
vehicle when exercising the officer's authority to arrest or issue a
traffic information and summons to a person for the violation of a
law or ordinance regulating the use and operation of a motor vehicle
on 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 towns
thereof, when engaged in the discharge of their duties as policemen
for such company, and the keepers of jails, lock-ups and
station-houses, in any county, city or town shall receive all persons
arrested by such policemen for the commission of any offense
against the laws of this state, or the ordinances of any such city or
town, to be dealt with according to law, and persons so arrested shall
be received by such keepers of jails, lock-ups or station-houses, on
the same basis, and such persons shall have the same status as
prisoners 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 chapter
shall, within one (1) year of their commissioning, successfully
complete all educational and training requirements established by
rule of the Indiana department of transportation.
(b) Any newly commissioned railroad policeman who has had
previous law enforcement experience and schooling which exceeds
the training requirements established by the Indiana department of
transportation may, upon proof of the policeman's previous
experience and training, obtain a waiver of the training requirements
imposed by this section. (Formerly: Acts 1975, P.L.80, SEC.2.) As amended by
P.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 the
word "Police" and the name of the railroad company for which he is
appointed, inscribed thereon, and he shall exhibit such badge, on
demand, 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 the
company 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 a
surety bond of five thousand dollars ($5,000), conditioned upon the
faithful performance of the policeman's duties. All the bonds shall be
filed 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.) As
amended 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, as
provided for in this chapter, the Indiana department of transportation
shall also issue to that policeman a certificate certifying that the
commission has been issued, giving the name of the policeman
commissioned, the name of the railroad company that policeman
represents, and designating the date on which the commission was
issued. The certificates shall be of the form, size, and description as
the department may determine. (Formerly: Acts 1927, c.18, s.7; Acts 1975, P.L.80, SEC.4.) As
amended 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 a
policeman, it shall file a notice to that effect, under its corporate seal,
with the clerk of the circuit court of the county where the
commission of that policeman is recorded, which shall be noted by
the clerk of the circuit court upon the margin of the record where the
commission is recorded. The company shall also file notice with the
Indiana department of transportation. Thereupon, the powers of that
policeman terminate. (Formerly: Acts 1927, c.18, s.8; Acts 1975, P.L.80, SEC.5.) As
amended 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" or
any combination of such terms as used in this chapter shall be
construed to include both steam and interurban railroads but shall not
be construed to include hobby, tourist, amusement, and
non-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 a
railroad policeman's commission in existence on January 1, 1976. As added by P.L.1-1989, SEC.16.
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 the
statements of three (3) reputable Indiana citizens testifying to the
moral character of the applicant, the Indiana department of
transportation shall appoint and commission persons the company
designates and the department finds to be suitable and qualified
persons, to act as policemen for the company, upon the premises of
the company, or elsewhere within Indiana, when engaged in the
discharge of their duties as policemen for that company. Every
policeman appointed shall be known as a railroad policeman and
shall be a person of good moral character. The policeman shall be
commissioned so long as the policeman is employed by the company
on whose application the policeman was appointed, unless the
policeman's commission is sooner revoked by the Indiana department
of transportation for good cause shown, or by the company on whose
application the railroad policeman was appointed, as provided in
section 8 of this chapter. (Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1.) As
amended 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 oath
of office, which shall be endorsed upon the officer's commission, and
the commission, with the oath, shall be recorded in the office of the
clerk of the circuit court of the county in which the policeman
resides. Every policeman who is appointed and commissioned as
provided in this chapter shall have, exercise, and possess, throughout
Indiana, while engaged in the discharge of the officer's duties as a
policeman, the powers of sheriffs, marshals, constables, and
municipal police officers, except in the service of civil process.
(b) A policeman who is appointed and commissioned under this
chapter must wear a distinctive uniform and a badge of authority or
must operate a motor vehicle that is clearly marked as a police
vehicle when exercising the officer's authority to arrest or issue a
traffic information and summons to a person for the violation of a
law or ordinance regulating the use and operation of a motor vehicle
on 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 towns
thereof, when engaged in the discharge of their duties as policemen
for such company, and the keepers of jails, lock-ups and
station-houses, in any county, city or town shall receive all persons
arrested by such policemen for the commission of any offense
against the laws of this state, or the ordinances of any such city or
town, to be dealt with according to law, and persons so arrested shall
be received by such keepers of jails, lock-ups or station-houses, on
the same basis, and such persons shall have the same status as
prisoners 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 chapter
shall, within one (1) year of their commissioning, successfully
complete all educational and training requirements established by
rule of the Indiana department of transportation.
(b) Any newly commissioned railroad policeman who has had
previous law enforcement experience and schooling which exceeds
the training requirements established by the Indiana department of
transportation may, upon proof of the policeman's previous
experience and training, obtain a waiver of the training requirements
imposed by this section. (Formerly: Acts 1975, P.L.80, SEC.2.) As amended by
P.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 the
word "Police" and the name of the railroad company for which he is
appointed, inscribed thereon, and he shall exhibit such badge, on
demand, 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 the
company 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 a
surety bond of five thousand dollars ($5,000), conditioned upon the
faithful performance of the policeman's duties. All the bonds shall be
filed 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.) As
amended 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, as
provided for in this chapter, the Indiana department of transportation
shall also issue to that policeman a certificate certifying that the
commission has been issued, giving the name of the policeman
commissioned, the name of the railroad company that policeman
represents, and designating the date on which the commission was
issued. The certificates shall be of the form, size, and description as
the department may determine. (Formerly: Acts 1927, c.18, s.7; Acts 1975, P.L.80, SEC.4.) As
amended 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 a
policeman, it shall file a notice to that effect, under its corporate seal,
with the clerk of the circuit court of the county where the
commission of that policeman is recorded, which shall be noted by
the clerk of the circuit court upon the margin of the record where the
commission is recorded. The company shall also file notice with the
Indiana department of transportation. Thereupon, the powers of that
policeman terminate. (Formerly: Acts 1927, c.18, s.8; Acts 1975, P.L.80, SEC.5.) As
amended 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" or
any combination of such terms as used in this chapter shall be
construed to include both steam and interurban railroads but shall not
be construed to include hobby, tourist, amusement, and
non-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 a
railroad policeman's commission in existence on January 1, 1976. As added by P.L.1-1989, SEC.16.
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 the
statements of three (3) reputable Indiana citizens testifying to the
moral character of the applicant, the Indiana department of
transportation shall appoint and commission persons the company
designates and the department finds to be suitable and qualified
persons, to act as policemen for the company, upon the premises of
the company, or elsewhere within Indiana, when engaged in the
discharge of their duties as policemen for that company. Every
policeman appointed shall be known as a railroad policeman and
shall be a person of good moral character. The policeman shall be
commissioned so long as the policeman is employed by the company
on whose application the policeman was appointed, unless the
policeman's commission is sooner revoked by the Indiana department
of transportation for good cause shown, or by the company on whose
application the railroad policeman was appointed, as provided in
section 8 of this chapter. (Formerly: Acts 1927, c.18, s.1; Acts 1975, P.L.80, SEC.1.) As
amended 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 oath
of office, which shall be endorsed upon the officer's commission, and
the commission, with the oath, shall be recorded in the office of the
clerk of the circuit court of the county in which the policeman
resides. Every policeman who is appointed and commissioned as
provided in this chapter shall have, exercise, and possess, throughout
Indiana, while engaged in the discharge of the officer's duties as a
policeman, the powers of sheriffs, marshals, constables, and
municipal police officers, except in the service of civil process.
(b) A policeman who is appointed and commissioned under this
chapter must wear a distinctive uniform and a badge of authority or
must operate a motor vehicle that is clearly marked as a police
vehicle when exercising the officer's authority to arrest or issue a
traffic information and summons to a person for the violation of a
law or ordinance regulating the use and operation of a motor vehicle
on 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 towns
thereof, when engaged in the discharge of their duties as policemen
for such company, and the keepers of jails, lock-ups and
station-houses, in any county, city or town shall receive all persons
arrested by such policemen for the commission of any offense
against the laws of this state, or the ordinances of any such city or
town, to be dealt with according to law, and persons so arrested shall
be received by such keepers of jails, lock-ups or station-houses, on
the same basis, and such persons shall have the same status as
prisoners 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 chapter
shall, within one (1) year of their commissioning, successfully
complete all educational and training requirements established by
rule of the Indiana department of transportation.
(b) Any newly commissioned railroad policeman who has had
previous law enforcement experience and schooling which exceeds
the training requirements established by the Indiana department of
transportation may, upon proof of the policeman's previous
experience and training, obtain a waiver of the training requirements
imposed by this section. (Formerly: Acts 1975, P.L.80, SEC.2.) As amended by
P.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 the
word "Police" and the name of the railroad company for which he is
appointed, inscribed thereon, and he shall exhibit such badge, on
demand, 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 the
company 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 a
surety bond of five thousand dollars ($5,000), conditioned upon the
faithful performance of the policeman's duties. All the bonds shall be
filed 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.) As
amended 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, as
provided for in this chapter, the Indiana department of transportation
shall also issue to that policeman a certificate certifying that the
commission has been issued, giving the name of the policeman
commissioned, the name of the railroad company that policeman
represents, and designating the date on which the commission was
issued. The certificates shall be of the form, size, and description as
the department may determine. (Formerly: Acts 1927, c.18, s.7; Acts 1975, P.L.80, SEC.4.) As
amended 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 a
policeman, it shall file a notice to that effect, under its corporate seal,
with the clerk of the circuit court of the county where the
commission of that policeman is recorded, which shall be noted by
the clerk of the circuit court upon the margin of the record where the
commission is recorded. The company shall also file notice with the
Indiana department of transportation. Thereupon, the powers of that
policeman terminate. (Formerly: Acts 1927, c.18, s.8; Acts 1975, P.L.80, SEC.5.) As
amended 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" or
any combination of such terms as used in this chapter shall be
construed to include both steam and interurban railroads but shall not
be construed to include hobby, tourist, amusement, and
non-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 a
railroad policeman's commission in existence on January 1, 1976. As added by P.L.1-1989, SEC.16.
