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