S T A T E O F N E W Y O R K
________________________________________________________________________
874--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. DESTITO, CANESTRARI, MARKEY, GUNTHER, HOYT, CLARK
-- Multi-Sponsored by -- M. of A. BOYLAND, McENENY, MILLMAN,
J. RIVERA, WEISENBERG -- read once and referred to the Committee on
Transportation -- 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
the state the sum of ten dollars, and pay all damages sustained thereby
to the party aggrieved.]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01699-02-1
A. 874--A 2
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
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
A. 874--A 3
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 one hundred eightieth day after
it shall have become a law.