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House File 2482

Partial Bill History

Bill Text

PAG LIN
  1  1                                         HOUSE FILE 2482
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CERTAIN CRIMINAL ACTS COMMITTED ON OR AGAINST THE
  1  5    PROPERTY OF RAILWAY CORPORATIONS AND PROVIDING AND APPLYING
  1  6    PENALTIES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 716.7, subsection 2, Code 1997, is
  1 11 amended by adding the following new paragraph:
  1 12    NEW PARAGRAPH.  e.  Entering or remaining upon or in
  1 13 railway property without lawful authority or without the
  1 14 consent of the railway corporation which owns, leases, or
  1 15 operates the railway property.  This paragraph does not apply
  1 16 to passage over a railroad right-of-way, other than a track,
  1 17 railroad roadbed, viaduct, bridge, trestle, or railroad yard,
  1 18 by an unarmed person if the person has not been notified or
  1 19 requested to abstain from entering on to the right-of-way or
  1 20 to vacate the right-of-way and the passage over the right-of-
  1 21 way does not interfere with the operation of the railroad.
  1 22    Sec. 2.  Section 716.7, Code 1997, is amended by adding the
  1 23 following new subsections:
  1 24    NEW SUBSECTION.  5.  For purposes of this section, "railway
  1 25 property" means all tangible real and personal property owned,
  1 26 leased, or operated by a railway corporation with the
  1 27 exception of any administrative building or offices of the
  1 28 railway corporation.
  1 29    For purposes of this section, "railway corporation" means a
  1 30 corporation, company, or person owning, leasing, or operating
  1 31 any railroad in whole or in part within this state.
  1 32    NEW SUBSECTION.  6.  This section shall not apply to the
  1 33 following persons:
  1 34    a.  Representatives of the state department of
  1 35 transportation, the federal railroad administration, or the
  2  1 national transportation safety board who enter or remain upon
  2  2 or in railway property while engaged in the performance of
  2  3 official duties.
  2  4    b.  Employees of a railway corporation who enter or remain
  2  5 upon or in railway property while acting in the course of
  2  6 employment.
  2  7    c.  Any person who is engaged in the operation of a lawful
  2  8 business on railway station grounds or in the railway depot.
  2  9    Sec. 3.  NEW SECTION.  716.9  STOWAWAYS.
  2 10    A person commits the simple misdemeanor offense of stowing
  2 11 away, when, without lawful authority or the consent of a
  2 12 railway corporation, the person does either of the following:
  2 13    1.  Rides on the outside of a train or train component.
  2 14    2.  Rides on the inside of a train or train component which
  2 15 is not a passenger car.
  2 16    Sec. 4.  NEW SECTION.  716.10  RAILROAD VANDALISM.
  2 17    1.  A person commits railroad vandalism when the person
  2 18 does any of the following:
  2 19    a.  Shoots, fires, or otherwise discharges a firearm or
  2 20 other device at a train or train component.
  2 21    b.  Launches, releases, propels, casts, or directs a
  2 22 projectile, missile, or other device at a train or train
  2 23 component.
  2 24    c.  Intentionally throws or drops an object on or onto a
  2 25 train or train component.
  2 26    d.  Intentionally places or drops an object on or onto a
  2 27 railroad track.
  2 28    e.  Without the consent of the railway corporation, takes,
  2 29 removes, defaces, alters, or obscures any of the following:
  2 30    (1)  A railroad signal.
  2 31    (2)  A train control system.
  2 32    (3)  A train dispatching system.
  2 33    (4)  A warning signal.
  2 34    (5)  A highway-railroad grade crossing signal or gate.
  2 35    (6)  A railroad sign, placard, or marker.
  3  1    f.  Without the consent of the railway corporation, removes
  3  2 parts or appurtenances from, damages, impairs, disables,
  3  3 interferes with the operation of, or renders inoperable any of
  3  4 the following:
  3  5    (1)  A railroad signal.
  3  6    (2)  A train control system.
  3  7    (3)  A train dispatching system.
  3  8    (4)  A warning signal.
  3  9    (5)  A highway-railroad grade crossing signal or gate.
  3 10    (6)  A railroad sign, placard, or marker.
  3 11    g.  Without the consent of the railway corporation, taking,
  3 12 removing, disabling, tampering, changing, or altering a part
  3 13 or component of any operating mechanism or safety device of
  3 14 any train or train component.
  3 15    h.  Without the consent of the railway corporation, takes,
  3 16 removes, tampers, changes, alters, or interferes with any of
  3 17 the following:
  3 18    (1)  A railroad roadbed.
  3 19    (2)  A railroad rail.
  3 20    (3)  A railroad tie.
  3 21    (4)  A railroad frog.
  3 22    (5)  A railroad sleeper.
  3 23    (6)  A railroad switch.
  3 24    (7)  A railroad viaduct.
  3 25    (8)  A railroad bridge.
  3 26    (9)  A railroad trestle.
  3 27    (10)  A railroad culvert.
  3 28    (11)  A railroad embankment.
  3 29    (12)  Any other structure or appliance which pertains or is
  3 30 appurtenant to a railroad.
  3 31    2.  a.  A person commits railroad vandalism in the first
  3 32 degree if the person intentionally commits railroad vandalism
  3 33 which results in the death of any person.  Railroad vandalism
  3 34 in the first degree is a class "B" felony.  However,
  3 35 notwithstanding section 902.9, subsection 1, the maximum
  4  1 sentence for a person convicted under this section shall be a
  4  2 period of confinement of not more than fifty years.
  4  3    b.  A person commits railroad vandalism in the second
  4  4 degree if the person intentionally commits railroad vandalism
  4  5 which results in serious injury to any person.  Railroad
  4  6 vandalism in the second degree is a class "B" felony.
  4  7    c.  A person commits railroad vandalism in the third degree
  4  8 if the person intentionally commits railroad vandalism which
  4  9 results in bodily injury to any person or results in property
  4 10 damage which costs more than ten thousand dollars to replace,
  4 11 repair, or restore.  Railroad vandalism in the third degree is
  4 12 a class "C" felony.
  4 13    d.  A person commits railroad vandalism in the fourth
  4 14 degree if the person intentionally commits railroad vandalism
  4 15 which results in property damage which costs ten thousand
  4 16 dollars or less but more than one thousand dollars to replace,
  4 17 repair, or restore.  Railroad vandalism in the fourth degree
  4 18 is a class "D" felony.
  4 19    e.  A person commits railroad vandalism in the fifth degree
  4 20 if the person intentionally commits railroad vandalism which
  4 21 results in property damage which costs more than five hundred
  4 22 dollars but does not exceed one thousand dollars to replace,
  4 23 repair, or restore.  Railroad vandalism in the fifth degree is
  4 24 an aggravated misdemeanor.
  4 25    f.  A person commits railroad vandalism in the sixth degree
  4 26 if the person intentionally commits railroad vandalism which
  4 27 results in property damage which costs more than one hundred
  4 28 dollars but does not exceed five hundred dollars to replace,
  4 29 repair, or restore.  Railroad vandalism in the sixth degree is
  4 30 a serious misdemeanor.
  4 31    g.  A person commits railroad vandalism in the seventh
  4 32 degree if the person intentionally commits railroad vandalism
  4 33 which results in property damage which costs one hundred
  4 34 dollars or less to replace, repair, or restore.  Railroad
  4 35 vandalism in the seventh degree is a simple misdemeanor.
  5  1    3.  For purposes of this section, "railway corporation"
  5  2 means a corporation, company, or person owning, leasing, or
  5  3 operating any railroad in whole or in part within the state.
  5  4    For purposes of this section, "train component" means any
  5  5 locomotive, engine, tender, railroad car, passenger car,
  5  6 freight car, box car, tank car, hopper car, flatbed,
  5  7 container, work equipment, rail-mounted equipment, or any
  5  8 other railroad rolling stock.
  5  9    For purposes of this section, "train" means a series of two
  5 10 or more train components which are coupled together in a line.  
  5 11 
  5 12 
  5 13                                                             
  5 14                               RON J. CORBETT
  5 15                               Speaker of the House
  5 16 
  5 17 
  5 18                                                             
  5 19                               MARY E. KRAMER
  5 20                               President of the Senate
  5 21 
  5 22    I hereby certify that this bill originated in the House and
  5 23 is known as House File 2482, Seventy-seventh General Assembly.
  5 24 
  5 25 
  5 26                                                             
  5 27                               ELIZABETH ISAACSON
  5 28                               Chief Clerk of the House
  5 29 Approved                , 1998
  5 30 
  5 31 
  5 32                         
  5 33 TERRY E. BRANSTAD
  5 34 Governor
     

Text: HF02481                           Text: HF02483
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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