Defines offenses of trespasses on and damage to railroad property

Summary of specific provisions

Section 83 of the Railroad Law is amended to delete provisions relating to general trespass along railroad tracks and the scope of horse cross- ings and move those references to new §83-c. Provisions relating to civil liability of railroads remain unchanged.

Section 83-a of such law is amended to make it illegal to operate any motor vehicle or motorized recreational vehicle upon posted railroad property or along the tracks of an operating railroad (except, across or along streets or highways or at farm crossings where necessary to cross such tracks or property). Under current law, this provision is limited to the operation of snowmobiles. A violation of this provision shall be deemed a violation and punishable by a fine of $100-$250.

Section 83-b of the Railroad Law relating to the adoption of local laws in New York City and the counties of Nassau, Suffolk and Monroe regard- ing trespass along railroad property is left intact. The provision of that section providing that the trespass provisions of the Railroad Law or any local law enacted pursuant to this section will not preclude prosecution for trespass under the Penal Law is moved to new §83-c.

Adds a new §83-c to the Railroad Law to bring all the general trespass provisions together in one section.

* Subdivision (1) restates and updates the provisions moved from §83 regarding the prohibition against any person trespassing on railroad property, its tracks or right-of-way. A violation of this subdivision is designated as a violation punishable by a fine of $100-$250.

* Subdivision (2) of §83-c restates the restrictions relating to leading a horse or other animal across railroad tracks previously contained in Section 83. The penalty for any such violation is raised from the current $10 to a civil penalty not to exceed $100.

* Paragraph (a) of subdivision (3) makes it a misdemeanor to knowingly, recklessly or intentionally engage in conduct that results in damage to or defacement of railroad property. This may include such things as throwing objects, placing objects on the tracks, defacing equipment or interfering with signals. The offense is subject to a monetary penalty of $500-$1500 and such other penalties as set forth in the Penal Law. Under paragraph (b), a violation of the provisions of paragraph (a)

which disrupts, delays or in any way interferes with railroad operations is designated as a felony (class 5) punishable by a fine of $1,000-$2,500 and such other penalties as proscribed in the Penal Law. Additionally, anyone convicted of this provision may be required, as a condition of sentence, to compensate an affected railroad for any disruption, delay or interference. Under paragraph (c), if the conduct set forth in paragraphs (a) or (b) results in the death of or serious injury to any other person, such conduct will be deemed to be a class D felony, punishable by a fine $2,500-$5,000 and such other penalties as set forth in the Penal Law.

* Subdivision 4 sets forth the parameters for "permission" and "notice" as they relate to entry upon railroad property.

* Subdivision 5 provides that nothing contained in the forgoing sections will preclude prosecution of any person for applicable provisions of the Penal Law, including violations of the trespass provisions pursuant to Article 140 or the assault and homicide provisions as set forth in Arti- cles 120 and 125 respectively.

*Subdivision 6 makes it clear that the provisions of this article shall not be construed to limit the rights, remedies and damages recoverable by any plaintiff or claimant in a civil action.

Justification

Trespassing on railroad property has represented a danger, predominantly to the trespassers, for as long as there have been railroads. Indeed, the primary existing trespass provision of the State Railroad Law (§ 83) has not been amended since it was enacted as Chapter 481 of the Laws of 1910.

Moreover, its original derivation can be traced to Chapter 140 of the Laws of 1850. A few things have changed since then.

Railroad operations are certainly faster, more complex and more sophis- ticated than they were in 1850 and 1910. Moreover, the underlying safety concerns now extend well beyond the safety of the trespasser. Now, over- riding concerns with security has raised the issue as to permissible access to the Nation's essential transportation infrastructure.

For more than a century, railroads have transported freight and passen- gers along dedicated lines, often carrying sensitive and hazardous cargo safely and efficiently through the cities, towns and villages of this nation. In order to maintain the safety and security of our transporta- tion network, it is absolutely imperative that the antiquated railroad trespass laws be amended to reflect new public security realities. Tres- passing on railroad property cannot be tolerated; and this legislation is but one essential component in maintaining the integrity of the nation's rail system. As we learned from the suicidal pick-up driver in California that caused the death of 11 rail passengers, the consequences of even one act of trespass can be catastrophic. Accordingly, the rail-

road trespass laws must be updated to correspond with the today's envi- ronment.

This legislation takes a firm and incremental approach to update these laws. The concept of basic trespass is updated, but remains a violation. Trespass that results in damage to railroad property is a misdemeanor. If such action disrupts, delays or interferes with railroad operations it shall be a felony. And, if any such action results in the death of or serious injury to another person, it shall be deemed a class D felony. These penalties reflect the incremental severity of the offense as well as the consequences of such acts.

Fiscal implications

None.

Effective date

This act shall take effect on the first of November after which it shall have become law.