S T A T E   O F   N E W   Y O R K
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                                  7711

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2015
                               ___________

Introduced  by  M. of A. OTIS -- read once and referred to the Committee
  on Transportation

AN ACT to amend the railroad law, in relation to the unlawful propulsion
  of a missile at railroad trains

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

  Section  1.  Section 53-d of the railroad law, as added by chapter 294
of the laws of 1976, is amended to read as follows:
  S 53-d. Unlawful propulsion of a missile at railroad trains. A  person
is  guilty of unlawful propulsion of a missile at a railroad train where
he willfully with intent to cause personal  injury  or  property  damage
throws,  shoots or propels a rock, stone, brick, or piece of iron, steel
or other metal or any deadly or dangerous missile or fire  bomb  at  any
locomotive or car of a train which is occupied by any person or persons.
Unlawful  propulsion  of  a missile at a railroad train is a [violation]
CLASS A MISDEMEANOR; provided, however, that such  classification  shall
not  apply  in  any case where an offense having a higher classification
for the purpose of sentence, is charged under  any  other  provision  of
law.
  S 2. The railroad law is amended by adding a new section 53-dd to read
as follows:
  S  53-DD.  UNLAWFUL  PROPULSION OF A MISSILE AT RAILROAD TRAINS IN THE
FIRST DEGREE. A PERSON IS GUILTY OF UNLAWFUL PROPULSION OF A MISSILE  AT
A RAILROAD TRAIN IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
UNLAWFUL  PROPULSION  OF  A  MISSILE AT A RAILROAD TRAIN IN VIOLATION OF
SECTION FIFTY-THREE-D OF THIS ARTICLE AND THEREBY CAUSES  A  SIGNIFICANT
DISRUPTION  TO  THE SAFE TRAVEL OF THE RAILROAD TRAIN THAT THREATENS THE
PHYSICAL SAFETY OF THE RAILROAD TRAIN'S  PASSENGERS  OR  CREW.  UNLAWFUL
PROPULSION  OF  A  MISSILE  AT A RAILROAD TRAIN IN THE FIRST DEGREE IS A
CLASS D FELONY; PROVIDED, HOWEVER, THAT SUCH  CLASSIFICATION  SHALL  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11235-03-5

              

A. 7711                             2

APPLY  IN  ANY  CASE WHERE AN OFFENSE HAVING A HIGHER CLASSIFICATION FOR
THE PURPOSE OF SENTENCE IS CHARGED UNDER ANY OTHER PROVISION OF 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.