NY State Assembly Bill 2009-A1056

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Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 17, 2010	print number 1056d
Jun 17, 2010	amend and recommit to transportation
May 20, 2010	print number 1056c
May 20, 2010	amend and recommit to transportation
Apr 27, 2010	print number 1056b
Apr 27, 2010	amend and recommit to transportation
Feb 01, 2010	print number 1056a
Feb 01, 2010	amend (t) and recommit to transportation
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

Bill Amendments

Original

D (Active)

2009-A1056 - Details

See Senate Version of this Bill:: S4478
Current Committee:: Assembly Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §§83, 83-a & 83-b, add §§83-c, Rail L
Versions Introduced in 2011-2012 Legislative Session:: A874, S1360, S3451

2009-A1056 - Summary

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

2009-A1056 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1056

                       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

AN ACT to amend the railroad law and the state finance law, in  relation
  to trespass on railroad property and the establishment of the railroad
  crossing safety fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Sections 83, 83-a and 83-b of  the  railroad  law,  section
83-a  as  added  by  chapter 246 of the laws of 1977 and section 83-b as
amended by chapter 428 of the laws of  1998,  are  amended  to  read  as
follows:
  S  83.  Riding on platform OR INSIDE CERTAIN RAIL CARS; [walking along
track] LIMITATIONS ON LIABILITY.  1. No railroad  corporation  shall  be
liable  for  any  injury  to  any  passenger  while on the platform of a
PASSENGER car, or [in any] WITHIN A baggage[, wood or freight] car[,  in
violation  of  the  printed regulations of the corporation, posted up at
the time in a conspicuous place inside of the passenger  cars,  then  in
the  train, if there shall be at the time sufficient room for the proper
accommodation of the passenger inside such  passenger  cars.  No  person
other than those connected with or employed upon the railroad shall walk
upon  or  along its track or tracks, except where the same shall be laid
across or along streets or highways, in which case  he  shall  not  walk
upon  the  track  unless necessary to cross the same. Any person riding,
leading or driving any horse or other animal upon any railroad, or with-
in the fences and guards thereof, other than at  a  farm  or  street  or
forest  crossing,  without the consent of the corporation, shall forfeit
to the people of the state the sum of ten dollars, and pay  all  damages
sustained  thereby  to  the  party aggrieved] OR LOCOMOTIVE, OR ANY AREA

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03655-01-9

A. 1056                             2

WITHIN ANY CAR FROM WHICH THE PUBLIC IS EXPRESSLY  PROHIBITED,  PROVIDED
THAT  CONSPICUOUS  NOTICE  HAS  BEEN POSTED IN OR ON THE PASSENGER TRAIN
STATING THAT ENTRANCE ONTO SUCH PLATFORM, CAR OR AREA IS PROHIBITED.
  2.    NO  RAILROAD  CORPORATION  SHALL BE LIABLE FOR ANY INJURY TO ANY
PERSON WHILE WITHIN OR ON THE EXTERIOR OF ANY FREIGHT CAR OR  LOCOMOTIVE
WITHOUT THE EXPRESS AUTHORIZATION OF THE RAILROAD CORPORATION.
  3. ANY SUCH LIMITATION OF LIABILITY PROVIDED IN THIS SECTION SHALL NOT
APPLY  WITH REGARD TO ANY PERSON WHO IS AN EMPLOYEE OR CONTRACTOR OF THE
RAILROAD CORPORATION OR AUTHORIZED PUBLIC OFFICIAL, AND ANY SUCH  PERSON
IS ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES, NOR SHALL IT APPLY IN
THE CASE OF ANY PERSON, INCLUDING, BUT NOT LIMITED TO, FIRST RESPONDERS,
POLICE,  FIRE  OR  EMERGENCY  PERSONNEL, ACTING IN THE GOOD FAITH BELIEF
THAT HE OR SHE MUST ENTER UPON ANY AREA OF A FREIGHT OR PASSENGER  TRAIN
FOR  THE PURPOSES OF RESPONDING TO AN EMERGENCY SITUATION THAT ENDANGERS
THE PHYSICAL SAFETY OF ONE OR MORE PERSONS.
  4. NO RAILROAD CORPORATION SHALL BE UNDER A DUTY TO KEEP ITS  PREMISES
SAFE FOR CERTAIN USES AS SET FORTH IN SECTION 9-103 OF THE GENERAL OBLI-
GATIONS LAW.
  5.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL RESTRICT OR IMPAIR ANY
OTHER LIMITATION OF LIABILITY PROVIDED BY LAW.
  S 83-a. Operation of MOTOR VEHICLES,  snowmobiles,  AND  OTHER  RECRE-
ATIONAL  VEHICLES on railroad property. Except in the case of a railroad
employee, CONTRACTOR OF  THE  RAILROAD  CONTRACTOR  OR  PUBLIC  OFFICIAL
acting  in  the performance of his [duty] OR HER DUTIES, no person shall
KNOWINGLY operate a MOTOR VEHICLE,  snowmobile,  OR  OTHER  RECREATIONAL
VEHICLE,  INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon abandoned
railroad property which is posted to prohibit the operation of  [snowmo-
biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
of  an operating railroad or within the fences or guards thereof, except
across or along streets or highways or at farm or forest crossings where
[necessary] SUCH PERSON IS  LEGALLY  AUTHORIZED  to  cross  [said]  SUCH
tracks or property. [Any person violating the provisions of this section
shall  be  guilty  of  a  violation  punishable by a fine of one hundred
dollars for each separate offense.] A VIOLATION  OF  THE  PROVISIONS  OF
THIS  SECTION  SHALL  CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED  FIFTY  DOLLARS.
CONVICTION  FOR  A  SECOND  OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO  HUNDRED
FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A PERIOD OF IMPRISONMENT NOT
TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
  S  83-b. Trespass upon railroad premises IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE INHABITANTS AND IN  CERTAIN  COUNTIES.  [1.]  Any
city  with  a  population  of  one  million  or more and the counties of
Monroe, Nassau, and Suffolk are authorized and  empowered  to  adopt  or
amend  a  local  law or ordinance designating any portion or portions of
property consisting of a right-of-way or yard of  a  railroad  or  rapid
transit  railroad  as  a no-trespass railroad zone and providing for the
conspicuous  posting  thereof  for  purposes  of  establishing  criminal
liability for trespass upon such property pursuant to subdivision (g) of
section 140.10 of the penal law.
  [2. The provisions of sections eighty-three and eighty-three-a of this
article  shall  not be construed to prohibit or limit the prosecution of
any person for a violation of  the  provisions  of  subdivision  (g)  of
section 140.10 of the penal law.]
  S  2.  The  railroad law is amended by adding three new sections 83-c,
83-d and 93-c to read as follows:

A. 1056                             3

  S 83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD  PROPERTY.
1.  NO  PERSON OTHER THAN THOSE WITH PERMISSION FROM THE RAILROAD CORPO-
RATION OR EMPLOYED BY THE RAILROAD CORPORATION SHALL ENTER OR REMAIN  ON
RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT NOT LIMITED TO, WALKING
UPON  OR  ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME SHALL BE LAID
ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE HE OR SHE  SHALL  NOT
WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT AN ESTABLISHED
GRADE  CROSSING. A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL
CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN TWO HUNDRED  FIFTY  DOLLARS.    CONVICTION  FOR  A
SECOND  OR  SUBSEQUENT  VIOLATION  OF THE PROVISIONS OF THIS SUBDIVISION
SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS
NOR MORE THAN FIVE HUNDRED DOLLARS, A  PERIOD  OF  IMPRISONMENT  NOT  TO
EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
  2.  ANY  PERSON  RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
OF, OTHER THAN AT A LEGALLY ESTABLISHED FARM OR STREET OR FOREST  CROSS-
ING, WITHOUT THE CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE
OF THE STATE A SUM  NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY
PURSUANT TO SECTION 60.30 OF THE PENAL LAW.
  3.  (A) NO PERSON SHALL KNOWINGLY, RECKLESSLY OR MALICIOUSLY ENGAGE IN
ANY CONDUCT THAT RESULTS IN DAMAGE TO OR DEFACEMENT OF RAILROAD  PROPER-
TY.  SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO, THROWING OBJECTS
AT  RAILROAD FACILITIES, STRUCTURES OR ROLLING STOCK, PLACING OBJECTS ON
TRACKS, DEFACING PROPERTY AND DISARMING, OR IN ANY WAY INTERFERING  WITH
SIGNALS  OR  SWITCHES. A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION
SHALL BE A MISDEMEANOR PUNISHABLE BY  A  FINE  OF  NOT  LESS  THAN  FIVE
HUNDRED  DOLLARS NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS, IMPRI-
SONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BOTH SUCH FINE AND  SUCH
IMPRISONMENT.
  (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
WHICH DISRUPTS, DELAYS OR IN ANY WAY INTERFERES WITH RAILROAD OPERATIONS
SHALL  BE  A  FELONY  PUNISHABLE BY A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN TWO THOUSAND FIVE  HUNDRED  DOLLARS,  IMPRISONMENT
FOR  A  PERIOD AUTHORIZED BY THE PENAL LAW FOR A CLASS E FELONY, OR BOTH
SUCH FINE AND SUCH IMPRISONMENT.
  (C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B)  OF  THIS
SUBDIVISION  RESULTS  IN  THE  DEATH  OF  OR SERIOUS PHYSICAL INJURY, AS
DEFINED IN SECTION 10.00 OF THE PENAL LAW, TO  ANY  OTHER  PERSON,  SUCH
CONDUCT  SHALL  BE  A  FELONY  PUNISHABLE BY A FINE OF NOT LESS THAN TWO
THOUSAND FIVE HUNDRED DOLLARS  NOR  MORE  THAN  FIVE  THOUSAND  DOLLARS,
IMPRISONMENT  FOR  A  PERIOD  AUTHORIZED  BY THE PENAL LAW FOR A CLASS D
FELONY, OR BOTH SUCH FINE AND SUCH IMPRISONMENT.
  4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE  ACTED
KNOWINGLY    AND ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
RAILROAD PROPERTY IS NOT NECESSARY  IF  THE  SURROUNDING  CIRCUMSTANCES,
SUCH  AS  CLOSE  PROXIMITY  TO  RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS  THAT HE OR SHE  IS  ON
RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
OR  EQUIPMENT  NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY  ANOTHER  ACCEPTABLE
AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
  5.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON  FOR  ANY  APPLICABLE
VIOLATION  OF  THE  PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF THE PENAL

A. 1056                             4

LAW, NOR SHALL THE PROVISIONS OF THIS SECTION BE CONSTRUED  TO  PROHIBIT
OR  LIMIT  THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE PROVISION OF
THE PENAL LAW INCLUDING, BUT NOT LIMITED TO, ARTICLES ONE HUNDRED TWENTY
AND  ONE  HUNDRED  TWENTY-FIVE  OF  SUCH  LAW IF THE ACTIONS OF A PERSON
RESULT IN THE DEATH OF OR SERIOUS INJURY TO ANOTHER PERSON.    PROVIDED,
FURTHER,  THAT THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY  ANY  PLAINTIFF
OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
  S  83-D.  FINES  AND  FORFEITURES.    NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, ALL FINES AND FORFEITURES COLLECTED  PURSUANT  TO  THE
PROVISIONS  OF  SECTIONS EIGHTY-THREE-A AND EIGHTY-THREE-C OF THIS ARTI-
CLE, EXCEPT FOR ANY RESTITUTION OR REPARATION TO BE PAID TO AN  AFFECTED
RAILROAD  CORPORATION  PURSUANT TO SECTION 60.27 OF THE PENAL LAW, SHALL
BE DEPOSITED TO THE CREDIT OF  THE  RAILROAD  CROSSING  SAFETY  FUND  AS
ESTABLISHED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S  93-C.  OPERATION  LIFESAVER  PROGRAM.  FOR THE PURPOSE OF PROVIDING
TRAINING AND EDUCATION EFFORTS TO IMPROVE SAFETY AT  RAILROAD  CROSSINGS
AND  ALONG  RAILROAD  RIGHTS-OF-WAY  LOCATED  IN THE STATE, FUNDS OF THE
RAILROAD  CROSSING  SAFETY  FUND   ESTABLISHED   PURSUANT   TO   SECTION
EIGHTY-NINE-H OF THE STATE FINANCE LAW MAY BE USED TO SUPPLEMENT BUT NOT
SUPPLANT FUNDING FROM ANY OTHER FEDERAL, STATE OR LOCAL SOURCE AVAILABLE
FOR SUCH PURPOSE. ALL EXPENDITURES FROM SAID FUND FOR SAID PURPOSE SHALL
BE DETERMINED BY THE COMMISSIONER, IN COOPERATION WITH THE STATE'S RAIL-
ROAD  CORPORATIONS, AND SHALL BE SUBJECT TO THE OVERSIGHT OF THE COMMIS-
SIONER IN THE IMPLEMENTATION OF THE PROGRAM'S FUNCTIONS.
  S 3. The state finance law is amended by adding a new section 89-h  to
read as follows:
  S  89-H.  RAILROAD CROSSING SAFETY FUND. 1. THERE IS HEREBY CREATED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL REVENUE FUND TO BE  KNOWN  AS  THE  "RAILROAD
CROSSING SAFETY FUND".
  2.  SUCH  FUND  SHALL  CONSIST  OF  ALL  MONEYS  COLLECTED PURSUANT TO
SECTIONS EIGHTY-THREE-A AND EIGHTY-THREE-C OF THE RAILROAD LAW, AND  ALL
OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
  3. MONEYS IN THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
SHALL  BE  EXPENDED  BY  THE DEPARTMENT OF TRANSPORTATION IN COOPERATION
WITH THE STATE'S RAILROAD CORPORATIONS  FOR  THE  PURPOSE  OF  PROVIDING
TRAINING  AND  EDUCATION  EFFORTS DESIGNED TO IMPROVE SAFETY AT RAILROAD
GRADE CROSSINGS AND ALONG RAILROAD RIGHTS-OF-WAY LOCATED  IN  THE  STATE
THROUGH   THE   OPERATION   LIFESAVER  PROGRAM  ESTABLISHED  BY  SECTION
NINETY-THREE-C OF THE RAILROAD LAW.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2009-A1056A - Details

See Senate Version of this Bill:: S4478
Current Committee:: Assembly Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §§83, 83-a & 83-b, add §§83-c, Rail L
Versions Introduced in 2011-2012 Legislative Session:: A874, S1360, S3451

2009-A1056A - Summary

2009-A1056A - Sponsor Memo

                                BILL NUMBER:A1056A

TITLE OF BILL:  An act to amend the railroad law, in relation to tres-
pass on railroad property

PURPOSE OR GENERAL IDEA OF BILL: To provide a much-needed upgrade of the
railroad trespass laws to reflect the modern security challenges facing
railroads and the public in the post 9/11 environment.

SUMMARY OF SPECIFIC PROVISIONS:  This measure would do the following:
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 where such
vehicle may legally cross the tracks). 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
$1004250.

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 (I) 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 $100-5250.

* 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 5100.

* 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 S2,500-$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.  of * 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, it's 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. But, since 9/11 the consciousness of the nation has been raised
in regard to the security of the transportation network. To that end, it
is absolutely imperative that the antiquated railroad trespass laws be
amended to reflect the new public security realities. Trespassing 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. Now, consider the fact that
there are people who have already intentionally use our own transporta-
tion infrastructure to bring death and destruction to our own homeland
and who will continue to use our own technology to carry out such acts.

Accordingly, the railroad trespass laws must be updated to correspond
with the elevated threat.

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.

PRIOR LEGISLATIVE HISTORY:  2009: A.1056 - Referred to the Assembly
Transportation Committee 2008: A. 6809-A - Referred to Assembly Trans-
portation Committee 2007: A. 6809 - Referred to Assembly Transportation
Committee 2006: S.4732 - Referred to Senate Transportation Committee

FISCAL IMPLICATIONS: None.

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

2009-A1056A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1056--A

                       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

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:

  Section 1. Sections 83, 83-a and 83-b of  the  railroad  law,  section
83-a  as  added  by  chapter 246 of the laws of 1977 and section 83-b as
amended by chapter 428 of the laws of  1998,  are  amended  to  read  as
follows:
  S 83. Riding on platform; walking along track. No railroad corporation
shall be liable for any injury to any passenger while on the platform of
a  car,  or  in  any  baggage,  wood or freight car, in violation of the
printed regulations of the corporation, posted  up  at  the  time  in  a
conspicuous  place  inside  of the passenger cars, then in the train, if
there shall be at the time sufficient room for the proper  accommodation
of the passenger inside such passenger cars. [No person other than those
connected  with  or  employed upon the railroad shall walk upon or along
its track or tracks, except where the same shall be laid across or along
streets or highways, in which case he shall  not  walk  upon  the  track
unless  necessary to cross the same. Any person riding, leading or driv-
ing any horse or other animal upon any railroad, or  within  the  fences
and  guards  thereof, other than at a farm or street or forest crossing,
without the consent of the corporation, shall forfeit to the  people  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03655-02-0

A. 1056--A                          2

the  state the sum of ten dollars, and pay all damages sustained thereby
to the party aggrieved.]
  S  83-a.  Operation  of  MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
ATIONAL VEHICLES on railroad property. Except in the case of a  railroad
employee,  CONTRACTOR  OF  THE  RAILROAD  CONTRACTOR  OR PUBLIC OFFICIAL
acting in the performance of his [duty] OR HER DUTIES, no  person  shall
KNOWINGLY  operate  a  MOTOR  VEHICLE, snowmobile, OR OTHER RECREATIONAL
VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon  abandoned
railroad  property which is posted to prohibit the operation of [snowmo-
biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
of an operating railroad or within the fences or guards thereof,  except
across or along streets or highways or at farm or forest crossings where
[necessary]  SUCH  PERSON  IS  LEGALLY  AUTHORIZED  to cross [said] SUCH
tracks or property. [Any person violating the provisions of this section
shall be guilty of a violation punishable  by  a  fine  of  one  hundred
dollars  for  each  separate  offense.] A VIOLATION OF THE PROVISIONS OF
THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A  FINE  OF  NOT
LESS  THAN  ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION  OF  THE  PROVISIONS  OF
THIS  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A PERIOD OF IMPRISONMENT NOT
TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
  S 83-b. Trespass upon railroad premises IN A CITY HAVING A  POPULATION
OF  ONE  MILLION  OR  MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
city with a population of one  million  or  more  and  the  counties  of
Monroe,  Nassau,  and  Suffolk  are authorized and empowered to adopt or
amend a local law or ordinance designating any portion  or  portions  of
property  consisting  of  a  right-of-way or yard of a railroad or rapid
transit railroad as a no-trespass railroad zone and  providing  for  the
conspicuous  posting  thereof  for  purposes  of  establishing  criminal
liability for trespass upon such property pursuant to subdivision (g) of
section 140.10 of the penal law.
  [2. The provisions of sections eighty-three and eighty-three-a of this
article shall not be construed to prohibit or limit the  prosecution  of
any  person  for  a  violation  of  the provisions of subdivision (g) of
section 140.10 of the penal law.]
  S 2. The railroad law is amended by adding a new section 83-c to  read
as follows:
  S  83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE  RAILROAD  CORPO-
RATION  OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER OR
REMAIN ON RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT  NOT  LIMITED
TO,  WALKING  UPON  OR  ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME
SHALL BE LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE  HE  OR
SHE  SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT
AN ESTABLISHED GRADE CROSSING. A VIOLATION OF  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  CONSTITUTE  A  VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED  FIFTY  DOLLARS.
CONVICTION  FOR  A  SECOND  OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE  OF  NOT  LESS  THAN  TWO
HUNDRED  FIFTY  DOLLARS  NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF
IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE  AND  SUCH
IMPRISONMENT.
  2.  ANY  PERSON  RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
OF, OTHER THAN AT A LEGALLY ESTABLISHED FARM OR STREET OR FOREST  CROSS-

A. 1056--A                          3

ING, WITHOUT THE CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE
OF THE STATE A SUM  NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY
PURSUANT TO SECTION 60.30 OF THE PENAL LAW.
  3.  (A)  NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR DEFACEMENT OF RAILROAD PROP-
ERTY.   SUCH CONDUCT SHALL INCLUDE, BUT  IS  NOT  LIMITED  TO,  THROWING
OBJECTS  AT  RAILROAD  FACILITIES,  STRUCTURES OR ROLLING STOCK, PLACING
OBJECTS ON TRACKS, DEFACING PROPERTY AND DISARMING, OR IN ANY WAY INTER-
FERING WITH SIGNALS OR SWITCHES. A VIOLATION OF THE PROVISIONS  OF  THIS
SUBDIVISION SHALL BE A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN
FIVE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS,
IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BOTH SUCH FINE  AND
SUCH IMPRISONMENT.
  (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
WHICH DISRUPTS, DELAYS OR IN ANY WAY INTERFERES WITH RAILROAD OPERATIONS
SHALL  BE  A  FELONY  PUNISHABLE BY A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN TWO THOUSAND FIVE  HUNDRED  DOLLARS,  IMPRISONMENT
FOR  A  PERIOD AUTHORIZED BY THE PENAL LAW FOR A CLASS E FELONY, OR BOTH
SUCH FINE AND SUCH IMPRISONMENT.
  (C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B)  OF  THIS
SUBDIVISION  RESULTS  IN THE DEATH OF ANOTHER PERSON OR SERIOUS PHYSICAL
INJURY, AS DEFINED IN SECTION 10.00 OF  THE  PENAL  LAW,  TO  ANY  OTHER
PERSON,  SUCH CONDUCT SHALL BE A FELONY PUNISHABLE BY A FINE OF NOT LESS
THAN TWO THOUSAND FIVE HUNDRED  DOLLARS  NOR  MORE  THAN  FIVE  THOUSAND
DOLLARS,  IMPRISONMENT  FOR  A  PERIOD AUTHORIZED BY THE PENAL LAW FOR A
CLASS D FELONY, OR BOTH SUCH FINE AND SUCH IMPRISONMENT.
  4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE  ACTED
KNOWINGLY,  AND  ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
RAILROAD PROPERTY IS NOT NECESSARY, IF  THE  SURROUNDING  CIRCUMSTANCES,
SUCH  AS  CLOSE  PROXIMITY  TO  RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS  THAT HE OR SHE  IS  ON
RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
OR  EQUIPMENT  NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY  ANOTHER  ACCEPTABLE
AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
  5.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON  FOR  ANY  APPLICABLE
VIOLATION  OF  THE  PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF THE PENAL
LAW, NOR SHALL THE PROVISIONS OF THIS SECTION BE CONSTRUED  TO  PROHIBIT
OR  LIMIT  THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE PROVISION OF
THE PENAL LAW INCLUDING, BUT NOT LIMITED TO, ARTICLES ONE HUNDRED TWENTY
AND ONE HUNDRED TWENTY-FIVE OF SUCH LAW  IF  THE  ACTIONS  OF  A  PERSON
RESULT IN THE DEATH OF OR SERIOUS INJURY TO ANOTHER PERSON.
  6.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY  ANY  PLAINTIFF
OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2009-A1056B - Details

See Senate Version of this Bill:: S4478
Current Committee:: Assembly Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §§83, 83-a & 83-b, add §§83-c, Rail L
Versions Introduced in 2011-2012 Legislative Session:: A874, S1360, S3451

2009-A1056B - Summary

2009-A1056B - Sponsor Memo

                                BILL NUMBER:A1056B

TITLE  OF BILL:   An act to amend the railroad law, in relation to tres-
pass on railroad property

PURPOSE OR GENERAL IDEA OF BILL: To provide a much-needed upgrade of the
railroad trespass laws to reflect the modern security challenges  facing
railroads and the public in the post 9/11 environment.

SUMMARY  OF  SPECIFIC  PROVISIONS:  This measure would do the following:
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 where such
vehicle may legally cross the tracks). 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  (h),  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  E)  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 shall be prosecuted as a homi-
cide or assault under Articles 125 and 120 respectively.

* 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,  it's  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. But, since 9/11 the consciousness of the nation has been  raised
in regard to the security of the transportation network. To that end, it
is  absolutely  imperative that the antiquated railroad trespass laws be
amended to reflect the new public  security  realities.  Trespassing  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. Now, consider the fact that
there are people who have already intentionally use our own  transporta-
tion  infrastructure  to bring death and destruction to our own homeland
and who will continue to use our own technology to carry out such  acts.

Accordingly,  the  railroad  trespass laws must be updated to correspond
with the elevated threat.

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 prosecuted as  a  homicide
or  assault pursuant to the provisions of the Penal Law. These penalties
reflect the incremental severity of the offense as well  as  the  conse-
quences of such acts.

PRIOR LEGISLATIVE HISTORY:
2009: A.1056 - Referred to the Assembly Transportation Committee
2008: A. 6809-A - Referred to Assembly Transportation Committee
2007: A. 6809 - Referred to Assembly Transportation Committee
2006: S.4732 - Referred to Senate Transportation Committee

FISCAL IMPLICATIONS: None.

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

2009-A1056B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1056--B

                       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

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:

  Section  1.  Sections  83,  83-a and 83-b of the railroad law, section
83-a as added by chapter 246 of the laws of 1977  and  section  83-b  as
amended  by  chapter  428  of  the  laws of 1998, are amended to read as
follows:
  S 83. Riding on platform; walking along track. No railroad corporation
shall be liable for any injury to any passenger while on the platform of
a car, or in any baggage, wood or  freight  car,  in  violation  of  the
printed  regulations  of  the  corporation,  posted  up at the time in a
conspicuous place inside of the passenger cars, then in  the  train,  if
there  shall be at the time sufficient room for the proper accommodation
of the passenger inside such passenger cars. [No person other than those
connected with or employed upon the railroad shall walk  upon  or  along
its track or tracks, except where the same shall be laid across or along
streets  or  highways,  in  which  case he shall not walk upon the track
unless necessary to cross the same. Any person riding, leading or  driv-
ing  any  horse  or other animal upon any railroad, or within the fences
and guards thereof, other than at a farm or street or  forest  crossing,
without  the  consent of the corporation, shall forfeit to the people of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03655-04-0

A. 1056--B                          2

the state the sum of ten dollars, and pay all damages sustained  thereby
to the party aggrieved.]
  S  83-a.  Operation  of  MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
ATIONAL VEHICLES on railroad property. Except in the case of a  railroad
employee,  CONTRACTOR  OF  THE  RAILROAD  CONTRACTOR  OR PUBLIC OFFICIAL
acting in the performance of his [duty] OR HER DUTIES, no  person  shall
KNOWINGLY  operate  a  MOTOR  VEHICLE, snowmobile, OR OTHER RECREATIONAL
VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon  abandoned
railroad  property which is posted to prohibit the operation of [snowmo-
biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
of an operating railroad or within the fences or guards thereof,  except
across or along streets or highways or at farm or forest crossings where
[necessary]  SUCH  PERSON  IS  LEGALLY  AUTHORIZED  to cross [said] SUCH
tracks or property. [Any person violating the provisions of this section
shall be guilty of a violation punishable  by  a  fine  of  one  hundred
dollars  for  each  separate  offense.] A VIOLATION OF THE PROVISIONS OF
THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A  FINE  OF  NOT
LESS  THAN  ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION  OF  THE  PROVISIONS  OF
THIS  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A PERIOD OF IMPRISONMENT NOT
TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
  S 83-b. Trespass upon railroad premises IN A CITY HAVING A  POPULATION
OF  ONE  MILLION  OR  MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
city with a population of one  million  or  more  and  the  counties  of
Monroe,  Nassau,  and  Suffolk  are authorized and empowered to adopt or
amend a local law or ordinance designating any portion  or  portions  of
property  consisting  of  a  right-of-way or yard of a railroad or rapid
transit railroad as a no-trespass railroad zone and  providing  for  the
conspicuous  posting  thereof  for  purposes  of  establishing  criminal
liability for trespass upon such property pursuant to subdivision (g) of
section 140.10 of the penal law.
  [2. The provisions of sections eighty-three and eighty-three-a of this
article shall not be construed to prohibit or limit the  prosecution  of
any  person  for  a  violation  of  the provisions of subdivision (g) of
section 140.10 of the penal law.]
  S 2. The railroad law is amended by adding a new section 83-c to  read
as follows:
  S  83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE  RAILROAD  CORPO-
RATION  OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER OR
REMAIN ON RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT  NOT  LIMITED
TO,  WALKING  UPON  OR  ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME
SHALL BE LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE  HE  OR
SHE  SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT
AN ESTABLISHED GRADE CROSSING. A VIOLATION OF  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  CONSTITUTE  A  VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED  FIFTY  DOLLARS.
CONVICTION  FOR  A  SECOND  OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE  OF  NOT  LESS  THAN  TWO
HUNDRED  FIFTY  DOLLARS  NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF
IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE  AND  SUCH
IMPRISONMENT.
  2.  ANY  PERSON  RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
OF, OTHER THAN AT A LEGALLY ESTABLISHED FARM OR STREET OR FOREST  CROSS-

A. 1056--B                          3

ING, WITHOUT THE CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE
OF THE STATE A SUM  NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY
PURSUANT TO SECTION 60.30 OF THE PENAL LAW.
  3.  (A)  NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR DEFACEMENT OF RAILROAD PROP-
ERTY.   SUCH CONDUCT SHALL INCLUDE, BUT  IS  NOT  LIMITED  TO,  THROWING
OBJECTS  AT  RAILROAD  FACILITIES,  STRUCTURES OR ROLLING STOCK, PLACING
OBJECTS ON TRACKS, DEFACING PROPERTY AND DISARMING, OR IN ANY WAY INTER-
FERING WITH SIGNALS OR SWITCHES. A VIOLATION OF THE PROVISIONS  OF  THIS
SUBDIVISION SHALL BE A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN
FIVE  HUNDRED  DOLLARS  NOR MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS,
IMPRISONMENT FOR A PERIOD NOT TO EXCEED ONE YEAR, OR BOTH SUCH FINE  AND
SUCH IMPRISONMENT.
  (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
WHICH DISRUPTS, DELAYS OR IN ANY WAY INTERFERES WITH RAILROAD OPERATIONS
SHALL  BE  A  FELONY  PUNISHABLE BY A FINE OF NOT LESS THAN ONE THOUSAND
DOLLARS NOR MORE THAN TWO THOUSAND FIVE  HUNDRED  DOLLARS,  IMPRISONMENT
FOR  A  PERIOD AUTHORIZED BY THE PENAL LAW FOR A CLASS E FELONY, OR BOTH
SUCH FINE AND SUCH IMPRISONMENT.
  (C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B)  OF  THIS
SUBDIVISION  RESULTS  IN THE DEATH OF ANOTHER PERSON OR SERIOUS PHYSICAL
INJURY, AS DEFINED IN SECTION 10.00 OF  THE  PENAL  LAW,  TO  ANY  OTHER
PERSON,  SUCH  CONDUCT  SHALL  BE  PROSECUTED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF ARTICLES ONE HUNDRED TWENTY AND ONE HUNDRED TWENTY-FIVE OF
THE PENAL LAW, AS APPLICABLE.
  4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE  ACTED
KNOWINGLY,  AND  ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
RAILROAD PROPERTY IS NOT NECESSARY, IF  THE  SURROUNDING  CIRCUMSTANCES,
SUCH  AS  CLOSE  PROXIMITY  TO  RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS  THAT HE OR SHE  IS  ON
RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
OR  EQUIPMENT  NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY  ANOTHER  ACCEPTABLE
AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
  5.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON  FOR  ANY  APPLICABLE
VIOLATION  OF  THE  PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF THE PENAL
LAW, NOR SHALL THE PROVISIONS OF THIS SECTION BE CONSTRUED  TO  PROHIBIT
OR  LIMIT  THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE PROVISION OF
THE PENAL LAW INCLUDING, BUT NOT LIMITED TO, ARTICLES ONE HUNDRED TWENTY
AND ONE HUNDRED TWENTY-FIVE OF SUCH LAW  IF  THE  ACTIONS  OF  A  PERSON
RESULT IN THE DEATH OF OR SERIOUS INJURY TO ANOTHER PERSON.
  6.   THE   PROVISIONS  OF  THIS  SECTION  AND  SECTIONS  EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY  ANY  PLAINTIFF
OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2009-A1056C - Details

See Senate Version of this Bill:: S4478
Current Committee:: Assembly Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §§83, 83-a & 83-b, add §§83-c, Rail L
Versions Introduced in 2011-2012 Legislative Session:: A874, S1360, S3451

2009-A1056C - Summary

2009-A1056C - Sponsor Memo

                                BILL NUMBER:A1056C

TITLE OF BILL:
An act
to amend the railroad law, in relation to
trespass on railroad property

PURPOSE OR GENERAL IDEA OF BILL: To provide a
much-needed upgrade of
the railroad trespass laws to reflect the modern security challenges
facing railroads and the public in the post 9/11 environment.

SUMMARY OF SPECIFIC PROVISIONS:
This measure would do the following:
Section 83 of the Railroad Law is amended to delete provisions
relating to general trespass along railroad tracks and the scope of
"horse crossings" 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 where
such vehicle may legally cross the tracks). 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
regarding 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
retarding 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 substantial defacement of railroad property. This may include such
things as throwing objects that strike railroad property, 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 substantially interferes with railroad
operations is designated as a felony (class F) punishable by a fine of
51,000-$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
shall be prosecuted as a homicide or assault under Articles 125 and
120 respectively.

* 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 and
criminal mischief provisions pursuant to Article 140.

* 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 (9 83) has not been amended since it was
enacted as Chapter 481 of the Laws of 1910.

Moreover, it's 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
sophisticated than they were in 1850 and 1910. Moreover, the
underlying safety concerns now extend well beyond the safety of the
trespasser. Now, overriding 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
passengers along dedicated lines, often carrying sensitive and
hazardous cargo safely and efficiently through the cities, towns and
villages of this nation. But, since 9/11 the consciousness of the
nation has been raised in regard to the security of the

transportation network. To that end, it is absolutely imperative that
the antiquated railroad trespass laws be amended to reflect the new
public security realities. Trespassing 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. Now, consider the fact that there are people who
have already intentionally use our own transportation infrastructure
to bring death and destruction to our own homeland and who will
continue to use our own technology to carry out such acts.
Accordingly, the railroad trespass laws must be updated to correspond
with the elevated threat.

This legislation takes a firm and incremental approach to update these
laws. The concept of basic trespass is undated, 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 prosecuted as a homicide or assault pursuant to the provisions of
the Penal Law. These penalties reflect the incremental severity of
the offense as well as the consequences of such acts.

PRIOR LEGISLATIVE HISTORY:
2009: A.1058 - Referred to the Assembly Transportation Committee
2008: A. 6809-A - Referred to Assembly Transportation Committee
2007: A. 6809 - Referred to Assembly Transportation Committee
2006: S.4732 - Referred to Senate Transportation Committee

FISCAL IMPLICATIONS: None.

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

2009-A1056C - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1056--C

                       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

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:

  Section  1.  Sections  83,  83-a and 83-b of the railroad law, section
83-a as added by chapter 246 of the laws of 1977  and  section  83-b  as
amended  by  chapter  428  of  the  laws of 1998, are amended to read as
follows:
  S 83. Riding on platform; walking along track. No railroad corporation
shall be liable for any injury to any passenger while on the platform of
a car, or in any baggage, wood or  freight  car,  in  violation  of  the
printed  regulations  of  the  corporation,  posted  up at the time in a
conspicuous place inside of the passenger cars, then in  the  train,  if
there  shall be at the time sufficient room for the proper accommodation
of the passenger inside such passenger cars. [No person other than those
connected with or employed upon the railroad shall walk  upon  or  along
its track or tracks, except where the same shall be laid across or along
streets  or  highways,  in  which  case he shall not walk upon the track
unless necessary to cross the same. Any person riding, leading or  driv-
ing  any  horse  or other animal upon any railroad, or within the fences

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03655-06-0

A. 1056--C                          2

and guards thereof, other than at a farm or street or  forest  crossing,
without  the  consent of the corporation, shall forfeit to the people of
the state the sum of ten dollars, and pay all damages sustained  thereby
to the party aggrieved.]
  S  83-a.  Operation  of  MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
ATIONAL VEHICLES on railroad property. Except in the case of a  railroad
employee,  CONTRACTOR  OF  THE  RAILROAD  CORPORATION OR PUBLIC OFFICIAL
acting in the performance of his [duty] OR HER DUTIES, no  person  shall
KNOWINGLY  operate  a  MOTOR  VEHICLE, snowmobile, OR OTHER RECREATIONAL
VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon  abandoned
railroad  property which is posted to prohibit the operation of [snowmo-
biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
of an operating railroad or within the fences or guards thereof,  except
across or along streets or highways or at farm or forest crossings where
[necessary]  SUCH  PERSON  IS  LEGALLY  AUTHORIZED  to cross [said] SUCH
tracks or property. [Any person violating the provisions of this section
shall be guilty of a violation punishable  by  a  fine  of  one  hundred
dollars  for  each  separate  offense.] A VIOLATION OF THE PROVISIONS OF
THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A  FINE  OF  NOT
LESS  THAN  ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION  OF  THE  PROVISIONS  OF
THIS  SECTION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A PERIOD OF IMPRISONMENT NOT
TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
  S 83-b. Trespass upon railroad premises IN A CITY HAVING A  POPULATION
OF  ONE  MILLION  OR  MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
city with a population of one  million  or  more  and  the  counties  of
Monroe,  Nassau,  and  Suffolk  are authorized and empowered to adopt or
amend a local law or ordinance designating any portion  or  portions  of
property  consisting  of  a  right-of-way or yard of a railroad or rapid
transit railroad as a no-trespass railroad zone and  providing  for  the
conspicuous  posting  thereof  for  purposes  of  establishing  criminal
liability for trespass upon such property pursuant to subdivision (g) of
section 140.10 of the penal law.
  [2. The provisions of sections eighty-three and eighty-three-a of this
article shall not be construed to prohibit or limit the  prosecution  of
any  person  for  a  violation  of  the provisions of subdivision (g) of
section 140.10 of the penal law.]
  S 2. The railroad law is amended by adding a new section 83-c to  read
as follows:
  S  83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE  RAILROAD  CORPO-
RATION  OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER OR
REMAIN ON RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT  NOT  LIMITED
TO,  WALKING  UPON  OR  ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME
SHALL BE LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE  HE  OR
SHE  SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT
AN ESTABLISHED GRADE CROSSING. A VIOLATION OF  THE  PROVISIONS  OF  THIS
SUBDIVISION  SHALL  CONSTITUTE  A  VIOLATION PUNISHABLE BY A FINE OF NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED  FIFTY  DOLLARS.
CONVICTION  FOR  A  SECOND  OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE  OF  NOT  LESS  THAN  TWO
HUNDRED  FIFTY  DOLLARS  NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF
IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE  AND  SUCH
IMPRISONMENT.

A. 1056--C                          3

  2.  ANY  PERSON  RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
OF, OTHER THAN AT A LEGALLY ESTABLISHED FARM OR STREET OR FOREST  CROSS-
ING, WITHOUT THE CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE
OF THE STATE A SUM  NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY
PURSUANT TO SECTION 60.30 OF THE PENAL LAW.
  3.  (A)  NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR  SUBSTANTIAL  DEFACEMENT  OF
RAILROAD  PROPERTY.   SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO,
THROWING OBJECTS THAT STRIKE RAILROAD FACILITIES, STRUCTURES OR  ROLLING
STOCK,  PLACING  OBJECTS  ON OR IMMEDIATELY ADJACENT TO RAILROAD TRACKS,
DEFACING, DISARMING, OR IN ANY WAY INTERFERING WITH SIGNALS OR SWITCHES.
A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
ONE THOUSAND FIVE HUNDRED DOLLARS, IMPRISONMENT  FOR  A  PERIOD  NOT  TO
EXCEED  ONE  YEAR,  OR  BY  BOTH SUCH FINE AND SUCH IMPRISONMENT.  WHERE
APPROPRIATE, THE COURT MAY  AUTHORIZE  THE  PAYMENT  OF  RESTITUTION  IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
  (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
WHICH DISRUPTS OR DELAYS RAILROAD OPERATIONS OR SUBSTANTIALLY INTERFERES
WITH  THE SAFE OPERATION OF THE RAILROAD SHALL BE A FELONY PUNISHABLE BY
A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO  THOUSAND
FIVE  HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD AUTHORIZED BY THE PENAL
LAW FOR A CLASS E FELONY, OR BY BOTH SUCH FINE  AND  SUCH  IMPRISONMENT.
WHERE APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
  (C)  IF  A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B) OF THIS
SUBDIVISION RESULTS IN THE DEATH OF ANOTHER PERSON OR RESULTS IN SERIOUS
PHYSICAL INJURY, AS DEFINED IN SECTION 10.00 OF THE PENAL  LAW,  TO  ANY
OTHER PERSON, SUCH CONDUCT SHALL BE SUBJECT TO PROSECUTION IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLES ONE HUNDRED TWENTY AND ONE HUNDRED TWEN-
TY-FIVE OF THE PENAL LAW, AS APPLICABLE.
  4.  FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE ACTED
KNOWINGLY, AND ACTUAL NOTICE THAT A PERSON IS ILLEGALLY  TRESPASSING  ON
RAILROAD  PROPERTY  IS  NOT NECESSARY, IF THE SURROUNDING CIRCUMSTANCES,
SUCH AS CLOSE PROXIMITY TO  RAILROAD  TRACKS,  BUILDINGS,  EQUIPMENT  OR
OTHER  FACILITIES,  WOULD ALERT REASONABLE PERSONS  THAT HE OR SHE IS ON
RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
OR EQUIPMENT NOT DESIGNATED FOR PUBLIC USE BY THE  RAILROAD  CORPORATION
SHALL  NOT  BE IMPLIED, BUT SHALL BE IN WRITING OR BY ANOTHER ACCEPTABLE
AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
  5.  THE  PROVISIONS  OF  THIS  SECTION  AND   SECTIONS   EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO  PROHIBIT  OR  LIMIT THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE
VIOLATION OF THE PROVISIONS OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED
TO, THE APPLICABLE PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF SUCH LAW.
  6.  THE  PROVISIONS  OF  THIS  SECTION  AND   SECTIONS   EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO  LIMIT  THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY ANY PLAINTIFF
OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2009-A1056D (ACTIVE) - Details

See Senate Version of this Bill:: S4478
Current Committee:: Assembly Transportation
Law Section:: Railroad Law
Laws Affected:: Amd §§83, 83-a & 83-b, add §§83-c, Rail L
Versions Introduced in 2011-2012 Legislative Session:: A874, S1360, S3451

2009-A1056D (ACTIVE) - Summary

2009-A1056D (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  Sections  83,  83-a and 83-b of the railroad law, section
83-a as added by chapter 246 of the laws of 1977  and  section  83-b  as
amended  by  chapter  428  of  the  laws of 1998, are amended to read as
follows:
  S 83. Riding on platform; walking along track. No railroad corporation
shall be liable for any injury to any passenger while on the platform of
a car, or in any baggage, wood or  freight  car,  in  violation  of  the
printed  regulations  of  the  corporation,  posted  up at the time in a
conspicuous place inside of the passenger cars, then in  the  train,  if
there  shall be at the time sufficient room for the proper accommodation
of the passenger inside such passenger cars. [No person other than those
connected with or employed upon the railroad shall walk  upon  or  along
its track or tracks, except where the same shall be laid across or along
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

unless necessary to cross the same. Any person riding, leading or  driv-
ing  any  horse  or other animal upon any railroad, or within the fences
and guards thereof, other than at a farm or street or  forest  crossing,
without  the  consent of the corporation, shall forfeit to the people of
the state the sum of ten dollars, and pay all damages sustained  thereby
to the party aggrieved.]
  S  83-a.  Operation  of  MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
ATIONAL VEHICLES on railroad property. Except in the case of a  railroad
employee,  CONTRACTOR  OF  THE  RAILROAD  CORPORATION OR PUBLIC OFFICIAL
acting in the performance of his [duty] OR HER DUTIES, no  person  shall
KNOWINGLY  operate  a  MOTOR  VEHICLE, snowmobile, OR OTHER RECREATIONAL
VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon  abandoned
railroad  property which is posted to prohibit the operation of [snowmo-
biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
of an operating railroad or within the fences or guards thereof,  except
across or along streets or highways or at farm or forest crossings where
necessary to cross [said] SUCH tracks or property. [Any person violating
the provisions of this section shall be guilty of a violation punishable
by a fine of one hundred dollars for each separate offense.] A VIOLATION
OF  THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHA-
BLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS  NOR  MORE  THAN  TWO
HUNDRED  FIFTY  DOLLARS. CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION
OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE  OF  NOT
LESS  THAN  TWO  HUNDRED  FIFTY  NOR MORE THAN FIVE HUNDRED DOLLARS OR A
PERIOD OF IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH  FINE
AND SUCH IMPRISONMENT.
  S  83-b. Trespass upon railroad premises IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE INHABITANTS AND IN  CERTAIN  COUNTIES.  [1.]  Any
city  with  a  population  of  one  million  or more and the counties of
Monroe, Nassau, and Suffolk are authorized and  empowered  to  adopt  or
amend  a  local  law or ordinance designating any portion or portions of
property consisting of a right-of-way or yard of  a  railroad  or  rapid
transit  railroad  as  a no-trespass railroad zone and providing for the
conspicuous  posting  thereof  for  purposes  of  establishing  criminal
liability for trespass upon such property pursuant to subdivision (g) of
section 140.10 of the penal law.
  [2. The provisions of sections eighty-three and eighty-three-a of this
article  shall  not be construed to prohibit or limit the prosecution of
any person for a violation of  the  provisions  of  subdivision  (g)  of
section 140.10 of the penal law.]
  S  2. The railroad law is amended by adding a new section 83-c to read
as follows:
  S 83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD  PROPERTY.
1.  NO  PERSON OTHER THAN THOSE WITH PERMISSION FROM THE RAILROAD CORPO-
RATION OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER  OR
REMAIN  ON  RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT NOT LIMITED
TO, WALKING UPON OR ALONG ITS TRACK OR TRACKS,  EXCEPT  WHERE  THE  SAME
SHALL  BE  LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE HE OR
SHE SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME  AT
AN  ESTABLISHED  GRADE  CROSSING.  A VIOLATION OF THE PROVISIONS OF THIS
SUBDIVISION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY  A  FINE  OF  NOT
LESS  THAN  ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION  OF  THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL  BE  PUNISHABLE  BY A FINE OF NOT LESS THAN TWO
HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS,  A  PERIOD  OF

A. 1056--D                          3

IMPRISONMENT  NOT  TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH
IMPRISONMENT.
  2.  ANY  PERSON  RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
OF, OTHER THAN AT A FARM OR  STREET  OR  FOREST  CROSSING,  WITHOUT  THE
CONSENT  OF  THE CORPORATION, SHALL FORFEIT TO THE PEOPLE OF THE STATE A
SUM  NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL  PENALTY  PURSUANT  TO
SECTION 60.30 OF THE PENAL LAW.
  3.  (A)  NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR  SUBSTANTIAL  DEFACEMENT  OF
RAILROAD  PROPERTY.   SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO,
THROWING OBJECTS THAT STRIKE RAILROAD FACILITIES, STRUCTURES OR  ROLLING
STOCK,  PLACING  OBJECTS  ON OR IMMEDIATELY ADJACENT TO RAILROAD TRACKS,
DEFACING, DISARMING, OR IN ANY WAY INTERFERING WITH SIGNALS OR SWITCHES.
A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
ONE THOUSAND FIVE HUNDRED DOLLARS, IMPRISONMENT  FOR  A  PERIOD  NOT  TO
EXCEED  ONE  YEAR,  OR  BY  BOTH SUCH FINE AND SUCH IMPRISONMENT.  WHERE
APPROPRIATE, THE COURT MAY  AUTHORIZE  THE  PAYMENT  OF  RESTITUTION  IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
  (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
WHICH DISRUPTS OR DELAYS RAILROAD OPERATIONS OR SUBSTANTIALLY INTERFERES
WITH  THE SAFE OPERATION OF THE RAILROAD SHALL BE A FELONY PUNISHABLE BY
A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO  THOUSAND
FIVE  HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD AUTHORIZED BY THE PENAL
LAW FOR A CLASS E FELONY, OR BY BOTH SUCH FINE  AND  SUCH  IMPRISONMENT.
WHERE APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
  (C)  IF  A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B) OF THIS
SUBDIVISION RESULTS IN THE DEATH OF ANOTHER PERSON OR RESULTS IN SERIOUS
PHYSICAL INJURY, AS DEFINED IN SECTION 10.00 OF THE PENAL  LAW,  TO  ANY
OTHER PERSON, SUCH CONDUCT SHALL BE SUBJECT TO PROSECUTION IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLES ONE HUNDRED TWENTY AND ONE HUNDRED TWEN-
TY-FIVE OF THE PENAL LAW, AS APPLICABLE.
  4.  FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE ACTED
KNOWINGLY, AND ACTUAL NOTICE THAT A PERSON IS ILLEGALLY  TRESPASSING  ON
RAILROAD  PROPERTY  IS  NOT NECESSARY, IF THE SURROUNDING CIRCUMSTANCES,
SUCH AS CLOSE PROXIMITY TO  RAILROAD  TRACKS,  BUILDINGS,  EQUIPMENT  OR
OTHER  FACILITIES,  WOULD ALERT REASONABLE PERSONS  THAT HE OR SHE IS ON
RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
OR EQUIPMENT NOT DESIGNATED FOR PUBLIC USE BY THE  RAILROAD  CORPORATION
SHALL  NOT  BE IMPLIED, BUT SHALL BE IN WRITING OR BY ANOTHER ACCEPTABLE
AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
  5.  THE  PROVISIONS  OF  THIS  SECTION  AND   SECTIONS   EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO  PROHIBIT  OR  LIMIT THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE
VIOLATION OF THE PROVISIONS OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED
TO, THE APPLICABLE PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF SUCH LAW.
  6.  THE  PROVISIONS  OF  THIS  SECTION  AND   SECTIONS   EIGHTY-THREE,
EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
TO  LIMIT  THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY ANY PLAINTIFF
OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A1056

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A1056 - Details

2009-A1056 - Summary

2009-A1056 - Bill Text download pdf

2009-A1056A - Details

2009-A1056A - Summary

2009-A1056A - Sponsor Memo

2009-A1056A - Bill Text download pdf

2009-A1056B - Details

2009-A1056B - Summary

2009-A1056B - Sponsor Memo

2009-A1056B - Bill Text download pdf

2009-A1056C - Details

2009-A1056C - Summary

2009-A1056C - Sponsor Memo

2009-A1056C - Bill Text download pdf

2009-A1056D (ACTIVE) - Details

2009-A1056D (ACTIVE) - Summary

2009-A1056D (ACTIVE) - Bill Text download pdf

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Assembly Bill A1056

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Sponsored By

DESTITO

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A1056 - Details

2009-A1056 - Summary

2009-A1056 - Bill Text download pdf

2009-A1056A - Details

2009-A1056A - Summary

2009-A1056A - Sponsor Memo

2009-A1056A - Bill Text download pdf

2009-A1056B - Details

2009-A1056B - Summary

2009-A1056B - Sponsor Memo

2009-A1056B - Bill Text download pdf

2009-A1056C - Details

2009-A1056C - Summary

2009-A1056C - Sponsor Memo

2009-A1056C - Bill Text download pdf

2009-A1056D (ACTIVE) - Details

2009-A1056D (ACTIVE) - Summary

2009-A1056D (ACTIVE) - Bill Text download pdf

Comments