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NY A01056
Bill
Status
1/7/2009
Primary Sponsor
William Boyland
Click for details
AI Summary
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Amends railroad trespass laws to prohibit unauthorized entry or remaining on railroad property, tracks, or right-of-way except at established grade crossings, with fines of $100-$250 for first violations and $250-$500 or up to 15 days imprisonment for subsequent violations.
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Expands prohibition on operating motor vehicles, snowmobiles, and recreational vehicles on railroad property to include all-terrain vehicles and motorcycles, with enhanced penalties of $100-$250 for first violations and $250-$500 or up to 15 days imprisonment for repeat offenses.
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Establishes criminal penalties for damage to or defacement of railroad property, including throwing objects at trains or facilities, placing objects on tracks, or interfering with signals or switches: misdemeanor punishable by $500-$1,500 fine and/or up to one year imprisonment.
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Creates enhanced felony penalties for conduct that disrupts or delays railroad operations, with fines of $1,000-$2,500 and Class E felony imprisonment, and subjects conduct resulting in death or serious physical injury to applicable penal law homicide and assault statutes.
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Clarifies that permission to enter non-public railroad property must be in writing or by affirmative written consent, and that knowledge of trespass is presumed when surrounding circumstances indicate proximity to railroad tracks or facilities.
Legislative Description
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.
Last Action
print number 1056d
6/17/2010