Text: HSB00659                          Text: HSB00661
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 660

Bill Text

PAG LIN
  1  1    Section 1.  Section 716.7, subsection 2, Code 1997, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  Entering or remaining upon or in
  1  4 railway property without lawful authority or without the
  1  5 consent of the railway corporation which owns, leases, or
  1  6 operates the railway property.
  1  7    Sec. 2.  Section 716.7, Code 1997, is amended by adding the
  1  8 following new subsections:
  1  9    NEW SUBSECTION.  5.  For purposes of this section, "railway
  1 10 property" means all tangible real and personal property owned,
  1 11 leased, or operated by a railway corporation with the
  1 12 exception of any administrative building or offices of the
  1 13 railway corporation.
  1 14    For purposes of this section, "railway corporation" means a
  1 15 corporation, company, or person owning, leasing, or operating
  1 16 any railroad in whole or in part within this state.
  1 17    NEW SUBSECTION.  6.  This section shall not apply to the
  1 18 following persons:
  1 19    a.  Representatives of the state department of
  1 20 transportation, the federal railroad administration, or the
  1 21 national transportation safety board who enter or remain upon
  1 22 or in railway property while engaged in the performance of
  1 23 official duties.
  1 24    b.  Employees of a railway corporation who enter or remain
  1 25 upon or in railway property while acting in the course of
  1 26 employment.
  1 27    c.  Any person who is engaged in the operation of a lawful
  1 28 business on railway station grounds or in the railway depot.
  1 29    Sec. 2.  NEW SECTION.  716.9  STOWAWAYS.
  1 30    A person commits the serious misdemeanor offense of stowing
  1 31 away, when, without lawful authority or the consent of a
  1 32 railway corporation, the person does either of the following:
  1 33    1.  Rides on the outside of a train or train component.
  1 34    2.  Rides on the inside of a train or train component which
  1 35 is not a passenger car.
  2  1    Sec. 3.  NEW SECTION.  716.10  RAILROAD VANDALISM.
  2  2    1.  A person commits railroad vandalism when the person
  2  3 does any of the following:
  2  4    a.  Shoots, fires, or otherwise discharges a firearm or
  2  5 other device at a train or train component.
  2  6    b.  Launches, releases, propels, casts, or directs a
  2  7 projectile, missile, or other device at a train or train
  2  8 component.
  2  9    c.  Intentionally throws or drops an object on or onto a
  2 10 train or train component.
  2 11    d.  Intentionally places or drops an object on or onto a
  2 12 railroad track.
  2 13    e.  Without the consent of the railway corporation, takes,
  2 14 removes, defaces, alters, or obscures any of the following:
  2 15    (1)  A railroad signal.
  2 16    (2)  A train control system.
  2 17    (3)  A train dispatching system.
  2 18    (4)  A warning signal.
  2 19    (5)  A highway-railroad grade crossing signal or gate.
  2 20    (6)  A railroad sign, placard, or marker.
  2 21    f.  Without the consent of the railway corporation, removes
  2 22 parts or appurtenances from, damages, impairs, disables,
  2 23 interferes with the operation of, or renders inoperable any of
  2 24 the following:
  2 25    (1)  A railroad signal.
  2 26    (2)  A train control system.
  2 27    (3)  A train dispatching system.
  2 28    (4)  A warning signal.
  2 29    (5)  A highway-railroad grade crossing signal or gate.
  2 30    (6)  A railroad sign, placard, or marker.
  2 31    g.  Without the consent of the railway corporation, taking,
  2 32 removing, disabling, tampering, changing, or altering a part
  2 33 or component of any operating mechanism or safety device of
  2 34 any train or train component.
  2 35    2.  a.  A person commits railroad vandalism in the first
  3  1 degree if the person intentionally commits railroad vandalism
  3  2 which results in the death of any person.  Railroad vandalism
  3  3 in the first degree is a class "A" felony.
  3  4    b.  A person commits railroad vandalism in the second
  3  5 degree if the person intentionally commits railroad vandalism
  3  6 which results in serious injury to any person.  Railroad
  3  7 vandalism in the second degree is a class "B" felony.
  3  8    c.  A person commits railroad vandalism in the third degree
  3  9 if the person intentionally commits railroad vandalism which
  3 10 results in bodily injury to any person or results in property
  3 11 damage which costs ten thousand dollars or more to replace,
  3 12 repair, or restore.  Railroad vandalism in the third degree is
  3 13 a class "C" felony.
  3 14    d.  A person commits railroad vandalism in the fourth
  3 15 degree if the person intentionally commits railroad vandalism
  3 16 which results in property damage which costs less than ten
  3 17 thousand dollars but more than five hundred dollars to
  3 18 replace, repair, or restore.  Railroad vandalism in the fourth
  3 19 degree is a class "D" felony.
  3 20    e.  A person commits railroad vandalism in the fifth degree
  3 21 if the person intentionally commits railroad vandalism which
  3 22 results in property damage which costs five hundred dollars or
  3 23 less to replace, repair, or restore.  Railroad vandalism in
  3 24 the fifth degree is an aggravated misdemeanor.
  3 25    3.  For purposes of this section, "railway corporation"
  3 26 means a corporation, company, or person owning, leasing, or
  3 27 operating any railroad in whole or in part within the state.
  3 28    For purposes of this section, "train component" means any
  3 29 locomotive, engine, tender, railroad car, passenger car,
  3 30 freight car, box car, tank car, hopper car, flatbed,
  3 31 container, work equipment, rail-mounted equipment, or any
  3 32 other railroad rolling stock.
  3 33    For purposes of this section, "train" means a series of two
  3 34 or more train components which are coupled together in a line.  
  3 35                           EXPLANATION
  4  1    This bill establishes three new criminal offenses relating
  4  2 to criminal acts committed on or against the property owned,
  4  3 leased, or operated by a railway corporation.  The bill adds
  4  4 to the criminal trespass statute the act of entering or
  4  5 remaining upon or in railroad property without lawful
  4  6 authority or the consent of the railway corporation which
  4  7 owns, leases, or operates the railway property.  The new
  4  8 prohibition does not apply to federal and state railway
  4  9 officials who are performing their official duties, to railway
  4 10 corporation employees who are acting in the course of
  4 11 employment, or to any person who is engaged in a lawful
  4 12 business on railway station grounds or in the railway depot.
  4 13 Persons who knowingly commit trespass commit a simple
  4 14 misdemeanor.  If injury to any person or damage with a value
  4 15 of more than $100 occurs or if the offense is committed with
  4 16 the intent to commit a hate crime under Code section 729A.2,
  4 17 the offense is punishable as a serious misdemeanor.  If the
  4 18 offense is committed with the intent to commit a hate crime
  4 19 under Code section 729A.2, and injury to any person or damage
  4 20 in an amount more than $100 occurs, the offense is punishable
  4 21 as an aggravated misdemeanor.
  4 22    A new serious misdemeanor offense of stowing away is
  4 23 created in the bill.  A person commits the offense of stowing
  4 24 away when, without lawful authority or the consent of the
  4 25 railway corporation, the person rides on the outside of a
  4 26 train or train component or rides on the inside of a train or
  4 27 train component which is not a passenger car.
  4 28    The bill also creates the new offense of railroad
  4 29 vandalism.  Railroad vandalism includes activities such as
  4 30 discharging firearms or other devices at trains or train
  4 31 components; launching, directing, or propelling various
  4 32 objects or devices at trains, train components, or railroad
  4 33 tracks; placing or dropping objects on trains, train
  4 34 components, or railroad tracks; or taking, defacing, altering,
  4 35 obscuring, damaging, impairing, disabling, rendering
  5  1 inoperable, or changing railroad signs, signals, gates,
  5  2 various equipment, or equipment components.  If the railroad
  5  3 vandalism results in a death, the offense is punishable as a
  5  4 class "A" felony.  If the railroad vandalism results in
  5  5 serious injury, the offense is punishable as a class "B"
  5  6 felony.  If the railroad vandalism results in bodily injury or
  5  7 property damage which costs $10,000 or more to replace,
  5  8 repair, or restore, the offense is punishable as a class "C"
  5  9 felony.  If the railroad vandalism results in property damage
  5 10 which costs less than $10,000 but more than $500 to replace,
  5 11 repair, or restore, the offense is punishable as a class "D"
  5 12 felony.  If the railroad vandalism results in property damage
  5 13 which costs $500 or less to replace, repair, or restore, the
  5 14 offense is punishable as an aggravated misdemeanor.
  5 15    Class "A" felonies are punishable by life imprisonment.
  5 16 Class "B" felonies are punishable by confinement for no more
  5 17 than 25 years.  Class "C" felonies are punishable by
  5 18 confinement for no more than 10 years and a possible fine of
  5 19 at least $500 but not more than $10,000.  Class "D" felonies
  5 20 are punishable by confinement for no more than 5 years and a
  5 21 possible fine of at least $500 but not more than $7,500.  An
  5 22 aggravated misdemeanor is punishable by imprisonment not to
  5 23 exceed two years and a fine of at least $500 but not more than
  5 24 $5,000.  A serious misdemeanor is punishable by a fine of at
  5 25 least $250 but not more than $1,500 and possible imprisonment
  5 26 not to exceed one year.  A simple misdemeanor is punishable by
  5 27 either a fine of at least $50 but not more than $100 or
  5 28 imprisonment not to exceed 30 days.  
  5 29 LSB 3786HC 77
  5 30 lh/cf/24
     

Text: HSB00659                          Text: HSB00661
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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