Railroad security officers.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0226

HOUSE BILL
NO.

HB0148

Railroad
security
officers
.

Sponsored by:
Representative(s) Gingery and Kasperik and Senator(s) Christensen

A BILL

for

AN ACT relating to

law enforcement
; providing railroad employees with
law enforcement powers as specified
;
specifying the force that can be used;
placing limitations on the exercise of authority; limiting the privileges and obligations available to railroad security officers;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
37
‑
9
‑
1401
is created to read:

ARTICLE 14
RAILROAD SECURITY OFFICERS

37
‑
9
‑
1401
.

Railroad security officers
;
authority;
use of force
; definitions
.

(a)

Any railroad company
operating a railroad in this state and
incorporated pursuant to the laws of this state, or of the United States, or of any state or territory of the United States, may
hire a person
who meets the minimum background and training requirements for a peace officer specified in W.S. 9
‑
1
‑
701 through 9
‑
1
‑
707,

as a railroad security officer
.
A railroad security officer shall have the authority to enforce the laws of the state of
Wyoming for the protection of:

(
i
)

The railroad's employees, passengers or patrons;

(ii)

The railroad's property or property entrusted to the railroad for transportation purposes;

(iii)

The movement of cargo in the railroad's possession or in the possession of another
railroad or
nonrail
carrier while on railroad property; and

(iv)

The
railroad movement of personnel, equipment and materials vital to the national defense.

(b)

A railroad security officer is authorized to use only such
nondeadly
force as the circumstances require in the following situations:

(
i
)

To prevent the commission of a crime related to the protections which the officer is empowered to
provide
under subsection (a) of this section;

(ii)

To defend himself or others against physical assault; and

(iii)

To pre
vent serious damage to property.

(c)

A railroad security officer shall
have the right to use a firearm
or otherwise employ deadly force only as a last resort when reasonably necessary to prevent the commission of a violent felony as defined in W.S. 6
‑
1
‑
104(
a)(xii) or to defend himself or any other person from imminent danger of death or serious bodily injury.

(d)

Within three (3) days following any incident involving the use of force
by a railroad security officer
, the railroad security officer shall file a written report
describing the incident at
the office of the county sher
if
f
in
each
county in which the incident occurred.

(e
)

The powers and authority granted by this section shall apply only to a railroad security officer acting within the scope of his duties on railroad property. A railroad security officer, however,
shall have the same authority off railroad property that applies to him on railroad property when he is in fresh pursuit of a pers
on whom the officer has probable
cause to believe has committed a violation of Wyoming law related to the protections which the officer is empowered to
provide
under subsection (a) of this section.

(
f
)

A railroad security office
r
shall
not be considered
a
peace officer or law enforcement office
r under the statutes of this state.

(g)

Neither the sovereign immunity of the state nor the immunity applicable to any local government shall extend to a railroad security officer. Neither the railroad security officer nor the employing railroad company may plead the defense of sovereign immunity in any
action arising out of the railroad security officer's conduct.

(h)

As used in this section, "
railroad
property" shall mean rights-of-way, easements, appurtenant property, equipment, cargo, facilities, buildings and other structures owned, leased, operated, maintained or transported by a railroad company.

Section 2.

This act is effective July 1, 2013.

(END)

1
HB0148