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91_SB0741eng SB741 Engrossed LRB9105607LDmb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 11-1425, 18c-7502, and 18c-7503. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 11-1425, 18c-7502, and 18c-7503 as follows: 7 (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425) 8 Sec. 11-1425. Stop when traffic obstructed. 9 (a) No driver shall enter an intersection or a marked 10 crosswalk or drive onto any railroad grade crossing unless 11 there is sufficient space on the other side of the 12 intersection, crosswalk or railroad grade crossing to 13 accommodate the vehicle he is operating without obstructing 14 the passage of other vehicles, pedestrians or railroad trains 15 notwithstanding any traffic-control signal indication to 16 proceed. 17 (b) No driver shall enter a highway rail grade crossing 18 unless there is sufficient space on the other side of the 19 highway rail grade crossing to accommodate the vehicle being 20 operated without obstructing the passage of a train or other 21 railroad equipment using the rails, notwithstanding any 22 traffic-control signal indication to proceed. Any person 23 found in violation of subsection (b) shall be subject to a 24 mandatory fine of $500 or 50 hours of community service. 25 (c) Local authorities shall impose fines as established 26 in subsection (b) for persons found in violation of this 27 Section or any similar local ordinance. 28 (Source: P.A. 79-798; 79-1068; 79-1454.) 29 (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) 30 Sec. 18c-7502. Malicious removal of or damage to SB741 Engrossed -2- LRB9105607LDmb 1 railroad property or freightRail Property. 2 (a) Malicious removal of or damage to railroad property 3 or freight. 4 AAnyperson is guilty of an offense if he or she is 5 found to have: 6 (i) removed, taken, stolen, changed, added to, 7 taken from, or in any manner changed, defaced, or 8 interfered with any of the parts or attachments of any 9 locomotive or car, or any plant or property used in or in 10 connection with the operation of any railroad carrier, 11 locomotive,orcar, or train, or shoots, throws, or drops 12 any object onto or at any train, locomotive, or car; 13 (ii) willfully and with intent to permanently 14 deprive the owner thereof, taken or removed railroad 15 freight from any freight car, including a boxcar, 16 container, or flatbed; or 17 (iii) bought or received any of the railroad 18 freight described in item (ii), having reason to know 19 that such freight was stolen. 20 (b) Penalties. 21 (1) If the railroad property damage does not 22 exceed $500 and no bodily injury occurs to another 23 as a result of a violation of this Section, the 24 person shall be guilty of a Class A misdemeanor. 25 Upon being found in violation of item (i) of 26 subsection (a), the person shall, in addition to 27 such other sanctions as may be deemed appropriate by 28 the court, be subject to pay the railroad carrier 29 involved the cost to repair any railroad property 30 damaged, and to perform community service for not 31 less than 30 hours or more than 120 hours. If 32 community service is not available in the 33 jurisdiction where the offense was committed, that 34 person shall be subject to pay a fine of not less SB741 Engrossed -3- LRB9105607LDmb 1 than $150 or more than $1,000, or imprisonment for 2 not less than 5 days or more than 1 year, or both. 3 If railroad property damage exceeds $500 or bodily 4 injury occurs to another as a result of a violation 5 of this Section, the person shall be guilty of a 6 Class 4 felony. Upon being found in violation of 7 item (i) of subsection (a), the person shall, in 8 addition to such other sanctions as may be deemed 9 appropriate by the court, be subject to pay the 10 railroad carrier involved for the cost to repair any 11 railroad property damaged, and shall be fined not 12 less than $1,000, nor more than $25,000, or 13 imprisonment for not less than 1 year, or more than 14 3 years, or both. If serious bodily injury or death 15 occurs to another as a result of a violation of item 16 (i) of subsection (a), the person shall be guilty of 17 a Class 2 felony and shall, in addition to such 18 sanctions as may be deemed appropriate by the court, 19 be subject to pay the railroad carrier involved the 20 cost to repair any railroad property damaged, and 21 shall be fined not less than $5,000 nor more than 22 $25,000, or imprisonment for not less than 3 years 23 nor more than 7 years, or both.in this State, or24any person who causes or attempts to cause the25derailment of an engine, cars, or a track vehicle26used on railroad tracks, shall be guilty of a Class274 felony.If any such action is malicious and is 28 the cause of wrecking any train, locomotive, or car 29 in this State whereby the life of any person is 30 lost, the person found guilty thereof shall be 31 liable for first degree murder and the person shall 32 be subject to pay the railroad carrier involved the 33 cost to repair any railroad property damagedas in34other cases. SB741 Engrossed -4- LRB9105607LDmb 1 (2) Upon being found in violation of item (ii) 2 or (iii), the person shall be guilty of a Class 4 3 felony. In addition to such other sanctions as may 4 be deemed appropriate by the court, the person shall 5 be subject to pay the railroad carrier involved for 6 the cost to repair any railroad property damaged, 7 and shall be fined not less than $1,000, nor more 8 than $25,000, or imprisoned for not less than 1 year 9 nor more than 3 years. 10 (3) Local authorities shall impose fines as 11 established in this subsection (b) for persons found 12 in violation of this Section or any similar local 13 ordinance. 14 (c) Definitions. As used in this Section: 15 "Bodily injury" means: 16 (i) a cut, abrasion, bruise, bump, or 17 disfigurement; 18 (ii) physical pain; 19 (iii) illness; 20 (iv) impairment of the function of a bodily member, 21 organ, or mental faculty; or 22 (v) any other injury to the body, no matter how 23 temporary. 24 "Railroad" means any form of nonhighway ground 25 transportation that runs on rails or electromagnetic 26 guideways, including: 27 (i) commuter or other short-haul railroad passenger 28 service in a metropolitan or urban area; and 29 (ii) high-speed ground transportation systems that 30 connect metropolitan areas, but does not include rapid 31 transit operations in an urban area that are not 32 connected to the general railroad system of 33 transportation. 34 "Railroad carrier" means a person providing railroad SB741 Engrossed -5- LRB9105607LDmb 1 transportation. 2 "Railroad property" means all tangible property owned, 3 leased, or operated by a railroad carrier including a right 4 of way, track, bridge, yard, shop, station, tunnel, viaduct, 5 trestle, depot, warehouse, terminal, or any other structure, 6 appurtenance, or equipment owned, leased, or used in the 7 operation of any railroad carrier including trains, 8 locomotives, engines, railroad cars, work equipment, rolling 9 stock, or safety devices. "Railroad property" does not 10 include a railroad carrier's administrative buildings or 11 offices, office equipment, or intangible property such as 12 software or other information. 13 "Right of way" means the track or roadbed owned, leased, 14 or operated by a rail carrier that is located on either side 15 of its tracks and that is readily recognizable to a 16 reasonable person as being railroad property or is reasonably 17 identified as such by fencing or appropriate signs. 18 "Yard" means a system of parallel tracks, crossovers, and 19 switches where railroad cars are switched and made up into 20 trains, and where railroad cars, locomotives, and other 21 rolling stock is kept when not in use or when awaiting 22 repair. 23 "Serious bodily injury" means bodily injury that 24 involves: 25 (i) a substantial risk of death; 26 (ii) extreme physical pain; 27 (iii) protracted and obvious disfigurement; or 28 (iv) protracted loss or impairment of the function 29 of a bodily member, organ, or mental faculty. 30 (Source: P.A. 90-691, eff. 1-1-99.) 31 (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503) 32 Sec. 18c-7503. Trespassing on railroad property. 33Trespass on Railroad Rights of Way and Yards.SB741 Engrossed -6- LRB9105607LDmb 1 (1) Trespassing on railroad property prohibited. 2Trespass on Rights of Way and Yards Prohibited.3 (a) General prohibition. Except as otherwise 4 provided in paragraph (b) of this subsection, no person 5 may: 6 (i) walk, ride, drive or be upon or along the 7 right of way or rail yard of a rail carrier within 8 the State, at a place other than a public crossing;.910 (ii) enter or be upon any railroad property; 11 (iii) without lawful authority or the railroad 12 carrier's consent, ride on the outside of a train or 13 inside a passenger car, locomotive, or freight car, 14 including a box car, flatbed, or container; 15 (iv) willfully lead or contrive any animal to 16 go upon the railroad's rights of way for any reason 17 other than to pass over such rights of way at a 18 marked public crossing; or 19 (v) throw or cause to be thrown on to the 20 railroad's rights of way any waste paper, ashes, 21 household waste, glass, metal, tires, refuse, or 22 rubbish. 23 (b) Exceptions. This subsection shall not apply 24 to: 25 (i) fare paying passengers on trains or 26 employees of a rail carrier; 27 (ii) railroad employees and an authorized 28 representative of rail carrier employees, while 29 performing required duties in accordance with 30 reasonable rail carrier company guidelines; 31 (iii) a person going upon the right of way or 32 into the rail yard to save human life or to remove 33 an object that a reasonable person would believe 34 poses an imminent threat to human life or limb SB741 Engrossed -7- LRB9105607LDmb 1protect property; 2 (iv) a person being on the station grounds or 3 in the depot of the rail carrier for the purpose of 4 transacting business; 5 (v) a person, his family, or his employees or 6 agents going across a farm crossing, as defined in 7 this Chapter, for the purpose of crossing from one 8 part to another part of a farm he owns or leases, 9 where the farm lies on both sides of the right of 10 way; 11 (vi) a person having written permission from 12 the rail carrier to go upon the right of way or into 13 the rail yard;and14 (vii) representatives of local, State, and 15 federal governmental agencies in performance of 16 their official duties; and.17 (viii) a person having written permission from 18 the rail carrier to go in or be upon railroad 19 property. 20 (2) Penalties. 21 (a) Any person found in violation of item (i), 22 (ii), or (iv) of paragraph (a) of subsection (1) shall be 23 guilty of a Class C misdemeanor for a first offense. In 24 addition to such other sanctions as may be deemed 25 appropriate by the court, the person shall be subject to 26 a mandatory fine of not less than $150 or more than $500, 27 or to imprisonment for not less than 5 days nor more than 28 30 days, or both. For each subsequent offense, the 29 person shall be guilty of a Class A misdemeanor. In 30 addition to such sanctions as may be deemed appropriate 31 by the court, the person shall be subject to a mandatory 32 fine of not less than $500 nor more than $1,000, or to 33 imprisonment for not less than 10 days or more than one 34 year, or both. SB741 Engrossed -8- LRB9105607LDmb 1 (b) Any person found in violation of item (i), 2 (ii), or (iv) of paragraph (a) of subsection (1) shall be 3 guilty of an offense and in addition to such sanctions as 4 may be deemed appropriate by the court shall be subject 5 to a fine of not less than $100 nor more than $500, or 6 community service of not less than 8 hours nor more than 7 50 hours, or both. If damage to any railroad property or 8 bodily injury occurs to another as a result of a 9 violation of item (v) of paragraph (a) of subsection (1), 10 that person shall be charged with the offense of 11 Malicious Removal of or Damage to Railroad Property or 12 Freight pursuant to Section 18c-7502. 13 (c) Local authorities shall impose fines as 14 established in paragraphs (a) and (b) of this subsection 15 (2) for persons found in violation of this Section or any 16 similar local ordinance.Violation of this Section shall17subject the violator to a fine of not more than $500.18 (3) Definitions.Definition.For purposes of this 19 Section:, a20 "Passenger" means a person who is traveling by train with 21 lawful authority and who does not participate in the train's 22 operation. The term "passenger" does not include stowaways. 23 "Railroad" means any form of nonhighway ground 24 transportation that runs on rails or electromagnetic 25 guideways, including: 26 (i) commuter or other short-haul railroad 27 passenger service in a metropolitan or urban area; 28 and 29 (ii) high-speed ground transportation systems 30 that connect metropolitan areas; but does not 31 include rapid transit operations in an urban area 32 that are not connected to the general railroad 33 system of transportation. 34 "Railroad carrier" means a person providing railroad SB741 Engrossed -9- LRB9105607LDmb 1 transportation. 2 "Railroad property" means all tangible property owned, 3 leased, or operated by a railroad carrier including a right 4 of way, track, bridge, yard, shop, station, tunnel, viaduct, 5 trestle, depot, warehouse, terminal, or any other structure, 6 appurtenance, or equipment owned, leased, or used in the 7 operation of any railroad carrier including trains, 8 locomotives, engines, railroad cars, work equipment, rolling 9 stock, or safety devices. "Railroad property" does not 10 include a railroad carrier's administrative buildings or 11 offices, office equipment, or intangible property such as 12 software or other information. 13 "Right of way" means the track or roadbed owned,or14 leased, or operated by a rail carrier which is located on 15 either side of its tracks and which is readily recognizable 16 to a reasonable person as being railroadrail carrier17 property or is reasonably identified as such by fencing or 18 appropriate signs. 19 "Yard" means a system of parallel tracks, crossovers, and 20 switches where railroad cars are switched and made up into 21 trains, and where railroad cars, locomotives, and other 22 rolling stock is kept when not in use or when awaiting 23 repair. 24 (Source: P.A. 90-655, eff. 7-30-98; 90-691, eff. 1-1-98.)