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Public Act 094-0736
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| SB2489 Enrolled |
LRB094 18755 DRH 54137 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 18c-7503 as follows:
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(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
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Sec. 18c-7503. Trespassing on railroad property; terminal |
security.
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(1) Trespassing on railroad property prohibited.
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(a) General prohibition.
Except as otherwise provided |
in paragraph (b) of this
subsection, no person may:
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(i) walk, ride, drive or be upon
or along the right |
of way or rail yard of a rail carrier
within the State, |
at a place other than a public
crossing;
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(ii) enter or be
upon any railroad property;
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(iii) without lawful authority or the railroad
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carrier's
consent, ride on the outside of a train or |
inside a passenger car, locomotive,
or freight car,
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including a box car, flatbed, or container;
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(iv) willfully lead or
contrive
any animal
to go |
upon the railroad's rights of way for any reason other |
than to pass over
such rights of way at a marked public |
crossing; or
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(v) throw or cause to be
thrown on to
the
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railroad's rights of way any waste paper, ashes, |
household waste, glass, metal,
tires, refuse,
or |
rubbish.
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(b) Exceptions.
This subsection shall not apply to:
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(i) fare paying passengers on trains or employees |
of a rail carrier;
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(ii) railroad employees and an authorized |
representative of rail
carrier employees, while
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performing required duties in accordance with |
reasonable rail carrier
company guidelines;
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(iii) a person going upon the right of way or into |
the
rail yard to save human life or to remove an object |
that a reasonable person
would believe poses an |
imminent threat to human life or limb;
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(iv) a person being on the station grounds or in |
the
depot of the rail carrier for the purpose of
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transacting business;
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(v) a person, his family, or his employees or |
agents
going across a farm crossing, as defined in this |
Chapter, for the purpose of
crossing from one part to |
another part of a farm
he owns or leases, where the |
farm lies on both
sides of the right of way;
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(vi) a person having written permission from the |
rail
carrier to go upon the right of way or into the
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rail yard;
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(vii) representatives of local, State, and federal |
governmental
agencies in performance of their official |
duties; and
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(viii) a person having written permission from the |
rail carrier to go
in or be upon railroad property.
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(2) Penalties.
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(a) Any person
found in violation of item (i), (ii), |
(iii) or (iv) of paragraph (a) of
subsection (1)
shall be |
guilty of a Class C misdemeanor for a first offense. In |
addition to
such other
sanctions as
may be deemed |
appropriate by the court, the person shall be subject to a
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mandatory fine of
not
less than $150 or more than $500, or |
to imprisonment for not less than 5
days nor more
than 30
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days, or both. For each subsequent offense, the
person |
shall be
guilty
of a Class A misdemeanor. In addition to |
such sanctions as may be deemed
appropriate by
the
court, |
the person shall be subject to a mandatory fine of not less |
than
$500 nor more than
$1,000, or to imprisonment for not |
less than 10 days or more than one year, or
both.
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(b) Any person found in violation of item (v) of |
paragraph
(a) of subsection (1)
shall be guilty of an |
offense and in addition
to such sanctions as may be deemed |
appropriate by the court shall be subject to
a fine of
not |
less than $100 nor more than $500, or community service of |
not less than 8
hours nor
more than 50 hours, or both. If |
damage to any railroad property or bodily
injury
occurs
to |
another as a result of a violation of item (v) of paragraph |
(a) of
subsection (1), that person shall be
charged with |
the
offense of Malicious Removal of or Damage to Railroad |
Property or Freight
pursuant to Section
18c-7502.
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(c) Local authorities shall impose
fines as |
established in paragraphs (a) and (b) of this subsection |
(2) for
persons found in violation
of
this Section or any |
similar local ordinance. |
(2.5) Terminal security. The owner of a terminal is |
expressly authorized, within the terminal property, to |
construct and operate berms, commercially constructed electric |
fences, and monitoring equipment as security measures for |
reducing the economic impact of theft, enhancing homeland |
security, and improving the protection of the general public |
welfare. The terminal owner shall properly operate and maintain |
these security measures. Any electric fence installed pursuant |
to this subsection shall: (i) be marked with appropriate signs; |
(ii) be entirely surrounded at a distance of at least 36 inches |
by properly maintained non-electric perimeter fences at least 8 |
feet tall; (iii) operate at a level of current that is not |
lethal to a human being upon contact; (iv) be covered at all |
times by an insurance policy maintained by the operator of the |
terminal for liability from claims arising out of the operation |
of the fence in an amount not less than $10,000,000 per |
occurrence; and (v) be regularly monitored and inspected by a |
qualified electrician. The use of any of these security |
measures in accordance with this subsection is not a violation |
of this Sub-chapter.
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(3) Definitions. For purposes of this Section:
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"Passenger" means a person
who is traveling by train with |
lawful authority and who does not participate in
the train's
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operation. The term "passenger" does not include stowaways.
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"Railroad" means
any form of
nonhighway ground |
transportation that runs on rails or electromagnetic
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guideways,
including:
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(i) commuter or other short-haul railroad |
passenger service in a
metropolitan or
urban area; and
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(ii) high-speed ground transportation systems that |
connect metropolitan
areas;
but does not include rapid |
transit operations in an urban area that are not
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connected to the
general railroad system of |
transportation.
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"Railroad carrier" means a person providing railroad |
transportation.
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"Railroad property" means all tangible property owned, |
leased, or operated by
a railroad
carrier including a right of |
way, track, bridge, yard, shop, station, tunnel,
viaduct, |
trestle, depot,
warehouse, terminal, or any other structure, |
appurtenance, or equipment owned,
leased, or used
in the |
operation of any railroad carrier including trains, |
locomotives,
engines,
railroad cars, work
equipment, rolling |
stock, or safety devices.
"Railroad property" does not include |
a railroad
carrier's administrative buildings or offices, |
office equipment, or intangible
property such as
software or |
other information.
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"Right of way" means
the track or roadbed owned, leased, or |
operated by a rail
carrier which is located on
either side of |
its tracks and which is readily recognizable to a reasonable
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person as being railroad property or is reasonably
identified |
as such
by fencing or appropriate signs.
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"Terminal" means a rail terminal facility, intermodal |
facility where at least one mode of transportation serviced by |
the facility is a railroad, or other railroad freight facility |
larger than 25 acres.
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"Yard" means a system of parallel tracks, crossovers, and |