Bill Text: NY S04478 | 2009-2010 | General Assembly | Amended
Bill Title: Limits railroads' liability to intruders upon their property and rights-of-way; defines offenses of trespasses on and damage to railroad property and establishes penalties therefor; also penalizes disruption of railroads and causing death or serious injury in connection therewith; establishes the railroad crossing safety fund, to be funded by fines and forfeitures from railroad-related offenses; the fund is to be used for training and education to improve safety at railroad grade crossings and along railroad rights-of-way throughout the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-23 - referred to transportation [S04478 Detail]
Download: New_York-2009-S04478-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4478--B
Cal. No. 964
2009-2010 Regular Sessions
I N S E N A T E
April 23, 2009
___________
Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, KLEIN -- read twice
and ordered printed, and when printed to be committed to the Committee
on Transportation -- recommitted to the Committee on Transportation in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee and committed to the
Committee on Codes -- committee discharged and said bill committed to
the Committee on Rules -- ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the railroad law, in relation to trespass on railroad
property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Sections 83, 83-a and 83-b of the railroad law, section
2 83-a as added by chapter 246 of the laws of 1977 and section 83-b as
3 amended by chapter 428 of the laws of 1998, are amended to read as
4 follows:
5 S 83. Riding on platform; walking along track. No railroad corporation
6 shall be liable for any injury to any passenger while on the platform of
7 a car, or in any baggage, wood or freight car, in violation of the
8 printed regulations of the corporation, posted up at the time in a
9 conspicuous place inside of the passenger cars, then in the train, if
10 there shall be at the time sufficient room for the proper accommodation
11 of the passenger inside such passenger cars. [No person other than those
12 connected with or employed upon the railroad shall walk upon or along
13 its track or tracks, except where the same shall be laid across or along
14 streets or highways, in which case he shall not walk upon the track
15 unless necessary to cross the same. Any person riding, leading or driv-
16 ing any horse or other animal upon any railroad, or within the fences
17 and guards thereof, other than at a farm or street or forest crossing,
18 without the consent of the corporation, shall forfeit to the people of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03655-08-0
S. 4478--B 2
1 the state the sum of ten dollars, and pay all damages sustained thereby
2 to the party aggrieved.]
3 S 83-a. Operation of MOTOR VEHICLES, snowmobiles, AND OTHER RECRE-
4 ATIONAL VEHICLES on railroad property. Except in the case of a railroad
5 employee, CONTRACTOR OF THE RAILROAD CORPORATION OR PUBLIC OFFICIAL
6 acting in the performance of his [duty] OR HER DUTIES, no person shall
7 KNOWINGLY operate a MOTOR VEHICLE, snowmobile, OR OTHER RECREATIONAL
8 VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, upon abandoned
9 railroad property which is posted to prohibit the operation of [snowmo-
10 biles] ANY SUCH VEHICLES thereupon, or upon or along the track or tracks
11 of an operating railroad or within the fences or guards thereof, except
12 across or along streets or highways or at farm or forest crossings where
13 necessary to cross [said] SUCH tracks or property. [Any person violating
14 the provisions of this section shall be guilty of a violation punishable
15 by a fine of one hundred dollars for each separate offense.] A VIOLATION
16 OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHA-
17 BLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO
18 HUNDRED FIFTY DOLLARS. CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION
19 OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
20 LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS OR A
21 PERIOD OF IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE
22 AND SUCH IMPRISONMENT.
23 S 83-b. Trespass upon railroad premises IN A CITY HAVING A POPULATION
24 OF ONE MILLION OR MORE INHABITANTS AND IN CERTAIN COUNTIES. [1.] Any
25 city with a population of one million or more and the counties of
26 Monroe, Nassau, and Suffolk are authorized and empowered to adopt or
27 amend a local law or ordinance designating any portion or portions of
28 property consisting of a right-of-way or yard of a railroad or rapid
29 transit railroad as a no-trespass railroad zone and providing for the
30 conspicuous posting thereof for purposes of establishing criminal
31 liability for trespass upon such property pursuant to subdivision (g) of
32 section 140.10 of the penal law.
33 [2. The provisions of sections eighty-three and eighty-three-a of this
34 article shall not be construed to prohibit or limit the prosecution of
35 any person for a violation of the provisions of subdivision (g) of
36 section 140.10 of the penal law.]
37 S 2. The railroad law is amended by adding a new section 83-c to read
38 as follows:
39 S 83-C. TRESPASS UPON RAILROAD PREMISES; DAMAGE TO RAILROAD PROPERTY.
40 1. NO PERSON OTHER THAN THOSE WITH PERMISSION FROM THE RAILROAD CORPO-
41 RATION OR EMPLOYED BY THE RAILROAD CORPORATION SHALL KNOWINGLY ENTER OR
42 REMAIN ON RAILROAD PROPERTY OR RIGHT-OF-WAY INCLUDING, BUT NOT LIMITED
43 TO, WALKING UPON OR ALONG ITS TRACK OR TRACKS, EXCEPT WHERE THE SAME
44 SHALL BE LAID ACROSS OR ALONG STREETS OR HIGHWAYS, IN WHICH CASE HE OR
45 SHE SHALL NOT WALK UPON THE TRACK UNLESS NECESSARY TO CROSS THE SAME AT
46 AN ESTABLISHED GRADE CROSSING. A VIOLATION OF THE PROVISIONS OF THIS
47 SUBDIVISION SHALL CONSTITUTE A VIOLATION PUNISHABLE BY A FINE OF NOT
48 LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS.
49 CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION OF THE PROVISIONS OF
50 THIS SUBDIVISION SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN TWO
51 HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS, A PERIOD OF
52 IMPRISONMENT NOT TO EXCEED FIFTEEN DAYS, OR BY BOTH SUCH FINE AND SUCH
53 IMPRISONMENT.
54 2. ANY PERSON RIDING, LEADING, OR DRIVING ANY HORSE OR OTHER ANIMAL
55 UPON ANY RAILROAD, OR WITHIN THE RIGHT-OF-WAY, FENCES, AND GUARDS THERE-
56 OF, OTHER THAN AT A FARM OR STREET OR FOREST CROSSING, WITHOUT THE
S. 4478--B 3
1 CONSENT OF THE CORPORATION, SHALL FORFEIT TO THE PEOPLE OF THE STATE A
2 SUM NOT TO EXCEED ONE HUNDRED DOLLARS AS A CIVIL PENALTY PURSUANT TO
3 SECTION 60.30 OF THE PENAL LAW.
4 3. (A) NO PERSON SHALL KNOWINGLY, RECKLESSLY OR INTENTIONALLY ENGAGE
5 IN ANY CONDUCT THAT RESULTS IN DAMAGE TO OR SUBSTANTIAL DEFACEMENT OF
6 RAILROAD PROPERTY. SUCH CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO,
7 THROWING OBJECTS THAT STRIKE RAILROAD FACILITIES, STRUCTURES OR ROLLING
8 STOCK, PLACING OBJECTS ON OR IMMEDIATELY ADJACENT TO RAILROAD TRACKS,
9 DEFACING, DISARMING, OR IN ANY WAY INTERFERING WITH SIGNALS OR SWITCHES.
10 A VIOLATION OF THE PROVISIONS OF THIS SUBDIVISION SHALL BE A MISDEMEANOR
11 PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN
12 ONE THOUSAND FIVE HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD NOT TO
13 EXCEED ONE YEAR, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT. WHERE
14 APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
15 ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
16 (B) A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
17 WHICH DISRUPTS OR DELAYS RAILROAD OPERATIONS OR SUBSTANTIALLY INTERFERES
18 WITH THE SAFE OPERATION OF THE RAILROAD SHALL BE A FELONY PUNISHABLE BY
19 A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND
20 FIVE HUNDRED DOLLARS, IMPRISONMENT FOR A PERIOD AUTHORIZED BY THE PENAL
21 LAW FOR A CLASS E FELONY, OR BY BOTH SUCH FINE AND SUCH IMPRISONMENT.
22 WHERE APPROPRIATE, THE COURT MAY AUTHORIZE THE PAYMENT OF RESTITUTION IN
23 ACCORDANCE WITH THE PROVISIONS OF SECTION 60.27 OF THE PENAL LAW.
24 (C) IF A VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OR (B) OF THIS
25 SUBDIVISION RESULTS IN THE DEATH OF ANOTHER PERSON OR RESULTS IN SERIOUS
26 PHYSICAL INJURY, AS DEFINED IN SECTION 10.00 OF THE PENAL LAW, TO ANY
27 OTHER PERSON, SUCH CONDUCT SHALL BE SUBJECT TO PROSECUTION IN ACCORDANCE
28 WITH THE PROVISIONS OF ARTICLES ONE HUNDRED TWENTY AND ONE HUNDRED TWEN-
29 TY-FIVE OF THE PENAL LAW, AS APPLICABLE.
30 4. FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO HAVE ACTED
31 KNOWINGLY, AND ACTUAL NOTICE THAT A PERSON IS ILLEGALLY TRESPASSING ON
32 RAILROAD PROPERTY IS NOT NECESSARY, IF THE SURROUNDING CIRCUMSTANCES,
33 SUCH AS CLOSE PROXIMITY TO RAILROAD TRACKS, BUILDINGS, EQUIPMENT OR
34 OTHER FACILITIES, WOULD ALERT REASONABLE PERSONS THAT HE OR SHE IS ON
35 RAILROAD PROPERTY OR EQUIPMENT. PERMISSION TO ENTER ON RAILROAD PROPERTY
36 OR EQUIPMENT NOT DESIGNATED FOR PUBLIC USE BY THE RAILROAD CORPORATION
37 SHALL NOT BE IMPLIED, BUT SHALL BE IN WRITING OR BY ANOTHER ACCEPTABLE
38 AFFIRMATIVE MANNER OF CONSENT, UNLESS OTHERWISE PROVIDED BY LAW.
39 5. THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
40 EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
41 TO PROHIBIT OR LIMIT THE PROSECUTION OF ANY PERSON FOR ANY APPLICABLE
42 VIOLATION OF THE PROVISIONS OF THE PENAL LAW, INCLUDING, BUT NOT LIMITED
43 TO, THE APPLICABLE PROVISIONS OF ARTICLE ONE HUNDRED FORTY OF SUCH LAW.
44 6. THE PROVISIONS OF THIS SECTION AND SECTIONS EIGHTY-THREE,
45 EIGHTY-THREE-A AND EIGHTY-THREE-B OF THIS ARTICLE SHALL NOT BE CONSTRUED
46 TO LIMIT THE RIGHTS, REMEDIES AND DAMAGES RECOVERABLE BY ANY PLAINTIFF
47 OR CLAIMANT IN ANY CIVIL ACTION AS PROVIDED BY APPLICABLE LAW.
48 S 3. This act shall take effect on the first of November next succeed-
49 ing the date on which it shall have become a law.
