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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