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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 3786SC 77
5 30 lh/cf/24
Text: SSB02179 Text: SSB02181 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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