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Assembly Bill A7869A

Signed By Governor

2011-2012 Legislative Session

Relates to criminal trespass on railroad property and rights of way

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-A7869 - Details

See Senate Version of this Bill:
S3451
Law Section:
Penal Law
Laws Affected:
Amd §§140.10, Pen L; amd §83-a, Rail L
Versions Introduced in 2009-2010 Legislative Session:
S4478

2011-A7869 - Summary

Relates to criminal trespass on railroad property and rights of way.

2011-A7869 - Bill Text download pdf 

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

                                  7869

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to criminal trespass on rail-
  road property

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

  Section 1. Subdivision (g) of section 140.10  of  the  penal  law,  as
added by chapter 338 of the laws of 1997, is amended to read as follows:
  (g)  where  the property consists of a right-of-way or yard of a rail-
road or rapid transit railroad, INCLUDING UPON ABANDONED RAILROAD  PROP-
ERTY,  which  has been designated and conspicuously posted as a no-tres-
pass railroad zone, [pursuant to section eighty-three-b of the  railroad
law, by the city or county in which such property is located] 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 SUCH  TRACKS  OR  PROPERTY,
INCLUDING  ANY  PERSONS  RIDING,  LEADING  OR DRIVING ANY HORSE OR OTHER
ANIMAL OR PERSONS OPERATING A MOTOR VEHICLE, SNOWMOBILE, OR OTHER RECRE-
ATIONAL VEHICLE, INCLUDING ALL-TERRAIN VEHICLES AND MOTORCYCLES.
  S 2. Section 145.00 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. KNOWINGLY OR RECKLESSLY ENGAGES 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 RAIL-
ROAD  FACILITIES,  STRUCTURES  OR  ROLLING  STOCK; PLACING OBJECTS ON OR
IMMEDIATELY ADJACENT TO RAILROAD TRACKS; OR DEFACING,  DISARMING  OR  IN
ANY WAY INTERFERING WITH SIGNALS OR SWITCHES.
  S 3. Section 145.15 of the penal law, as amended by chapter 585 of the
laws of 2006, is amended to read as follows:
S 145.15 Criminal tampering in the second degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11564-01-1

2011-A7869A (ACTIVE) - Details

See Senate Version of this Bill:
S3451
Law Section:
Penal Law
Laws Affected:
Amd §§140.10, Pen L; amd §83-a, Rail L
Versions Introduced in 2009-2010 Legislative Session:
S4478

2011-A7869A (ACTIVE) - Summary

Relates to criminal trespass on railroad property and rights of way.

2011-A7869A (ACTIVE) - Bill Text download pdf 

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

                                 7869--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the penal law, in relation to criminal trespass on rail-
  road property

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

  Section  1.  Subdivision  (g)  of  section 140.10 of the penal law, as
added by chapter 338 of the laws of 1997, is amended to read as follows:
  (g) where the property consists of a right-of-way or yard of  a  rail-
road  or  rapid transit railroad which has been designated and conspicu-
ously posted as a no-trespass railroad zone[, pursuant to section eight-
y-three-b of the railroad law, by the  city  or  county  in  which  such
property is located].
  S 2.  Section 83-a of the railroad law, as added by chapter 246 of the
laws of 1977, is amended to read as follows:
  S  83-a.  Operation of MOTOR VEHICLES, snowmobiles, RECREATIONAL VEHI-
CLES, AND RIDING OF ANIMALS 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, OR
RIDE, LEAD OR DRIVE ANY HORSE OR OTHER ANIMAL  upon  abandoned  railroad
property  which is posted to prohibit the operation of [snowmobiles] ANY
SUCH VEHICLES OR ANIMALS 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11564-02-1

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