Terms Used In Louisiana Revised Statutes 40:1379.1.2

  • Department: means the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Division: means the division of state police in the Department of Public Safety and Corrections. See Louisiana Revised Statutes 40:1372
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

A.  The superintendent of state police shall be authorized to issue at his discretion a special officer’s commission from the division of state police to any person who is employed by a rail carrier as a rail police officer in accordance with 49 U.S.C. § 28101.

B.  A rail police officer issued a special officer’s commission shall maintain current certification pursuant to the Council on Peace Officer Standards and Training.

C.  The superintendent of state police shall be authorized to perform  any of the following acts:

(1)  Determine eligibility to receive a special officer’s commission.

(2)  Revoke any special officer’s commission for cause.

(3)  Require those rail police officers holding special officer’s commissions to furnish proof of being bonded.

(4)  Require submission of any information that is deemed necessary for determining suitability for holding a special officer’s commission.

D.  A special officer’s commission issued to a rail police officer pursuant to the provisions of this Section shall be in effect at all times and to the extent of the authority of a certified or commissioned police officer pursuant to the laws of this state for the purpose of enforcing the laws in any jurisdiction in which the rail carrier owns property and provides protection for the following:

(1)  Employees, passengers, or patrons of the rail carrier.

(2)  Property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier.

(3)  Property moving in interstate or foreign commerce in the possession of the rail carrier.

(4)  Personnel, equipment, and material moving by rail that are vital to national defense.

E.  Special officer commissions issued pursuant to the provisions of this Section shall be valid for a period of one year from the date of their issuance.

F.  The Department of Public Safety and Corrections may promulgate and adopt regulations with respect to the issuance of the special officer’s commissions for rail police officers.

Acts 2014, No. 361, §1.