Bill Text: NY A01056 | 2009-2010 | General Assembly | Amended
Bill Title: Limits railroads' liability to intruders upon their property and rights-of-way; defines offenses of trespasses on and damage to railroad property and establishes penalties therefor; also penalizes disruption of railroads and causing death or serious injury in connection therewith; establishes the railroad crossing safety fund, to be funded by fines and forfeitures from railroad-related offenses; the fund is to be used for training and education to improve safety at railroad grade crossings and along railroad rights-of-way throughout the state.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2010-06-17 - print number 1056d [A01056 Detail]
Download: New_York-2009-A01056-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1056--D
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, DelMONTE, CANESTRARI, MARKEY, GUNTHER,
HOYT, CLARK -- Multi-Sponsored by -- M. of A. BOYLAND, JOHN, McENENY,
MILLMAN, J. RIVERA, WEISENBERG -- read once and referred to the
Committee on Transportation -- recommitted to the Committee on Trans-
portation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the railroad law, in relation to trespass on railroad
property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Sections 83, 83-a and 83-b of the railroad law, section
2 83-a as added by chapter 246 of the laws of 1977 and section 83-b as
3 amended by chapter 428 of the laws of 1998, are amended to read as
4 follows:
5 S 83. Riding on platform; walking along track. No railroad corporation
6 shall be liable for any injury to any passenger while on the platform of
7 a car, or in any baggage, wood or freight car, in violation of the
8 printed regulations of the corporation, posted up at the time in a
9 conspicuous place inside of the passenger cars, then in the train, if
10 there shall be at the time sufficient room for the proper accommodation
11 of the passenger inside such passenger cars. [No person other than those
12 connected with or employed upon the railroad shall walk upon or along
13 its track or tracks, except where the same shall be laid across or along
14 streets or highways, in which case he shall not walk upon the track
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03655-08-0
A. 1056--D 2
1 unless necessary to cross the same. Any person riding, leading or driv-
2 ing any horse or other animal upon any railroad, or within the fences
3 and guards thereof, other than at a farm or street or forest crossing,
4 without the consent of the corporation, shall forfeit to the people of
5 the state the sum of ten dollars, and pay all damages sustained thereby
6 to the party aggrieved.]
7 S 83-a. Operation of MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
8 ATIONAL VEHICLES on railroad property. Except in the case of a railroad
9 employee, CONTRACTOR OF THE RAILROAD CORPORATION OR PUBLIC OFFICIAL
10 acting in the performance of his [duty] OR HER DUTIES, no person shall
11 KNOWINGLY operate a MOTOR VEHICLE, snowmobile, OR OTHER RECREATIONAL
12 VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon abandoned
13 railroad property which is posted to prohibit the operation of [snowmo-
14 biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
15 of an operating railroad or within the fences or guards thereof, except
16 across or along streets or highways or at farm or forest crossings where
17 necessary to cross [said] SUCH tracks or property. [Any person violating
18 the provisions of this section shall be guilty of a violation punishable
19 by a fine of one hundred dollars for each separate offense.] A VIOLATION
20 OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHA-
21 BLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO
22 HUNDRED FIFTY DOLLARS. CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION
23 OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
24 LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A
25 PERIOD OF IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE
26 AND SUCH IMPRISONMENT.
27 S 83-b. Trespass upon railroad premises IN A CITY HAVING A POPULATION
28 OF ONE MILLION OR MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
29 city with a population of one million or more and the counties of
30 Monroe, Nassau, and Suffolk are authorized and empowered to adopt or
31 amend a local law or ordinance designating any portion or portions of
32 property consisting of a right-of-way or yard of a railroad or rapid
33 transit railroad as a no-trespass railroad zone and providing for the
34 conspicuous posting thereof for purposes of establishing criminal
35 liability for trespass upon such property pursuant to subdivision (g) of
36 section 140.10 of the penal law.
37 [2. The provisions of sections eighty-three and eighty-three-a of this
38 article shall not be construed to prohibit or limit the prosecution of
39 any person for a violation of the provisions of subdivision (g) of
40 section 140.10 of the penal law.]
41 S 2. The railroad law is amended by adding a new section 83-c to read
42 as follows:
43 S 83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
44 1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE RAILROAD CORPO-
45 RATION OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER OR
46 REMAIN ON RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT NOT LIMITED
47 TO, WALKING UPON OR ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME
48 SHALL BE LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE HE OR
49 SHE SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT
50 AN ESTABLISHED GRADE CROSSING. A VIOLATION OF THE PROVISIONS OF THIS
51 SUBDIVISION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT
52 LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
53 CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
54 THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO
55 HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF
A. 1056--D 3
1 IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH
2 IMPRISONMENT.
3 2. ANY PERSON RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
4 UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
5 OF, OTHER THAN AT A FARM OR STREET OR FOREST CROSSING, WITHOUT THE
6 CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE OF THE STATE A
7 SUM NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY PURSUANT TO
8 SECTION 60.30 OF THE PENAL LAW.
9 3. (A) NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
10 IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR SUBSTANTIAL DEFACEMENT OF
11 RAILROAD PROPERTY. SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO,
12 THROWING OBJECTS THAT STRIKE RAILROAD FACILITIES, STRUCTURES OR ROLLING
13 STOCK, PLACING OBJECTS ON OR IMMEDIATELY ADJACENT TO RAILROAD TRACKS,
14 DEFACING, DISARMING, OR IN ANY WAY INTERFERING WITH SIGNALS OR SWITCHES.
15 A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE A MISDEMEANOR
16 PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
17 ONE THOUSAND FIVE HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD NOT TO
18 EXCEED ONE YEAR, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT. WHERE
19 APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
20 ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
21 (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
22 WHICH DISRUPTS OR DELAYS RAILROAD OPERATIONS OR SUBSTANTIALLY INTERFERES
23 WITH THE SAFE OPERATION OF THE RAILROAD SHALL BE A FELONY PUNISHABLE BY
24 A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND
25 FIVE HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD AUTHORIZED BY THE PENAL
26 LAW FOR A CLASS E FELONY, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
27 WHERE APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
28 ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
29 (C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B) OF THIS
30 SUBDIVISION RESULTS IN THE DEATH OF ANOTHER PERSON OR RESULTS IN SERIOUS
31 PHYSICAL INJURY, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, TO ANY
32 OTHER PERSON, SUCH CONDUCT SHALL BE SUBJECT TO PROSECUTION IN ACCORDANCE
33 WITH THE PROVISIONS OF ARTICLES ONE HUNDRED TWENTY AND ONE HUNDRED TWEN-
34 TY-FIVE OF THE PENAL LAW, AS APPLICABLE.
35 4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE ACTED
36 KNOWINGLY, AND ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
37 RAILROAD PROPERTY IS NOT NECESSARY, IF THE SURROUNDING CIRCUMSTANCES,
38 SUCH AS CLOSE PROXIMITY TO RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
39 OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS THAT HE OR SHE IS ON
40 RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
41 OR EQUIPMENT NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
42 SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY ANOTHER ACCEPTABLE
43 AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
44 5. THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
45 EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
46 TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE
47 VIOLATION OF THE PROVISIONS OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED
48 TO, THE APPLICABLE PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF SUCH LAW.
49 6. THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
50 EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
51 TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY ANY PLAINTIFF
52 OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
53 S 3. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.
