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History
- Substituted by A7869A
- Amended on third reading 3451b
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–0
- Amended on third reading (t) 3451a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.138
Show 1 earlier action
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to criminal trespass on railroad property and rights of way
Signed by Governor · Sponsor Joseph Lentol
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3451B
Title of bill
An act to amend the penal law, in relation to criminal trespass on railroad property
Purpose
To provide a much-needed upgrade of the railroad trespass laws to reflect the modern security and public safety challenges facing railroads and the public in the post 9111 environment.
Summary of provisions
Section 1: Subdivision (g) of Section 140.10 of the Penal Law is amended to apply personal trespass violations to all railroad property statewide.
Section 2: Section 83-a of the Railroad Law is amended to make it illegal to trespass on railroad property while operating a motor vehicle, recreational vehicle or while riding, leading or driving a horse or other animal.
Justification
Trespassing on railroad property has represented a danger, predominantly to the trespassers, for as long as there have been railroads. The existing trespass laws relating to railroad property are extremely outdated. Currently, the primary existing trespass provisions of the State Railroad Law only prohibit if a person rides a snowmobile on railroad property ($100 fine), if a person rides a horse or other animal on railroad property ($10 fine plus damages) or if a person trespasses on railroad property on foot (no set fine established).
For more than a century, railroads have transported freight and passengers along dedicated lines, often carrying sensitive and hazardous cargo safely and efficiently through cities, towns and villages. Since the September 11, 2001 attacks, the extreme threat to our national transportation infrastructure has added a whole new dimension to rail safety. It is imperative that the state's antiquated railroad trespass laws be updated to reflect these public security realities.
In addition, the Federal Railroad Administration (FRA) recently released a study that found that a majority of railroad trespass laws across the United States need to be updated and strengthened since the most pervasive deficiencies in the laws are weak penalties. The FRA also recommended model state legislation to address this issue as well as vandalism to railroad property, much of which is captured by this legislation.
Legislative history
2009/2010: S.4478B/A.1056D Passed Senate 2007/2008: S.1587A/A.6809 Referred to Transportation 2005/2006: S.4732/A.7955A Referred to Transportation
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day next succeeding the date it shall have become law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.