Bill Text: NY A07711 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7711 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crime of unlawful propulsion of a missile at railroad trains in the first degree where the commission of such crime causes a significant disruption to the safe travel of the railroad train.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A07711 Detail]

Download: New_York-2015-A07711-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7711
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 26, 2015
                                      ___________
       Introduced  by  M. of A. OTIS -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the railroad law, in relation to the unlawful propulsion
         of a missile at railroad trains
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 53-d of the railroad law, as added by chapter 294
    2  of the laws of 1976, is amended to read as follows:
    3    S 53-d. Unlawful propulsion of a missile at railroad trains. A  person
    4  is  guilty of unlawful propulsion of a missile at a railroad train where
    5  he willfully with intent to cause personal  injury  or  property  damage
    6  throws,  shoots or propels a rock, stone, brick, or piece of iron, steel
    7  or other metal or any deadly or dangerous missile or fire  bomb  at  any
    8  locomotive or car of a train which is occupied by any person or persons.
    9  Unlawful  propulsion  of  a missile at a railroad train is a [violation]
   10  CLASS A MISDEMEANOR; provided, however, that such  classification  shall
   11  not  apply  in  any case where an offense having a higher classification
   12  for the purpose of sentence, is charged under  any  other  provision  of
   13  law.
   14    S 2. The railroad law is amended by adding a new section 53-dd to read
   15  as follows:
   16    S  53-DD.  UNLAWFUL  PROPULSION OF A MISSILE AT RAILROAD TRAINS IN THE
   17  FIRST DEGREE. A PERSON IS GUILTY OF UNLAWFUL PROPULSION OF A MISSILE  AT
   18  A RAILROAD TRAIN IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
   19  UNLAWFUL  PROPULSION  OF  A  MISSILE AT A RAILROAD TRAIN IN VIOLATION OF
   20  SECTION FIFTY-THREE-D OF THIS ARTICLE AND THEREBY CAUSES  A  SIGNIFICANT
   21  DISRUPTION  TO  THE SAFE TRAVEL OF THE RAILROAD TRAIN THAT THREATENS THE
   22  PHYSICAL SAFETY OF THE RAILROAD TRAIN'S  PASSENGERS  OR  CREW.  UNLAWFUL
   23  PROPULSION  OF  A  MISSILE  AT A RAILROAD TRAIN IN THE FIRST DEGREE IS A
   24  CLASS D FELONY; PROVIDED, HOWEVER, THAT SUCH  CLASSIFICATION  SHALL  NOT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11235-03-5
       A. 7711                             2
    1  APPLY  IN  ANY  CASE WHERE AN OFFENSE HAVING A HIGHER CLASSIFICATION FOR
    2  THE PURPOSE OF SENTENCE IS CHARGED UNDER ANY OTHER PROVISION OF LAW.
    3    S 3. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.