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

                                  3451

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, DILAN, BONACIC, GRIFFO, JOHNSON, LIBOUS,
  McDONALD -- read twice and ordered printed, and  when  printed  to  be
  committed to the Committee on Transportation

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.]
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09048-02-1
              

S. 3451                             2

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
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,

S. 3451                             3

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.