S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3480
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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:
   § 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.
   § 2. The railroad law is amended by adding a new section 53-dd to read
 as follows:
   §  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.
                                                            LBD00202-01-7
              

 A. 3480                             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.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.