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Public Act 91-0532
SB741 Enrolled LRB9105607LDmb
AN ACT to amend the Illinois Vehicle Code by changing
Sections 11-1425, 18c-7502, and 18c-7503.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-1425, 18c-7502, and 18c-7503 as follows:
(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
Sec. 11-1425. Stop when traffic obstructed.
(a) No driver shall enter an intersection or a marked
crosswalk or drive onto any railroad grade crossing unless
there is sufficient space on the other side of the
intersection, crosswalk or railroad grade crossing to
accommodate the vehicle he is operating without obstructing
the passage of other vehicles, pedestrians or railroad trains
notwithstanding any traffic-control signal indication to
proceed.
(b) No driver shall enter a highway rail grade crossing
unless there is sufficient space on the other side of the
highway rail grade crossing to accommodate the vehicle being
operated without obstructing the passage of a train or other
railroad equipment using the rails, notwithstanding any
traffic-control signal indication to proceed. Any person
found in violation of subsection (b) shall be subject to a
mandatory fine of $500 or 50 hours of community service.
(c) Local authorities shall impose fines as established
in subsection (b) for persons found in violation of this
Section or any similar local ordinance.
(Source: P.A. 79-798; 79-1068; 79-1454.)
(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
Sec. 18c-7502. Malicious removal of or damage to
railroad property or freight Rail Property.
(a) Malicious removal of or damage to railroad property
or freight.
A Any person is guilty of an offense if he or she is
found to have:
(i) removed, taken, stolen, changed, added to,
taken from, or in any manner changed, defaced, or
interfered with any of the parts or attachments of any
locomotive or car, or any plant or property used in or in
connection with the operation of any railroad carrier,
locomotive, or car, or train, or shoots, throws, or drops
any object onto or at any train, locomotive, or car;
(ii) willfully and with intent to permanently
deprive the owner thereof, taken or removed railroad
freight from any freight car, including a boxcar,
container, or flatbed; or
(iii) bought or received any of the railroad
freight described in item (ii), having reason to know
that such freight was stolen.
(b) Penalties.
(1) If the railroad property damage does not
exceed $500 and no bodily injury occurs to another
as a result of a violation of this Section, the
person shall be guilty of a Class A misdemeanor.
Upon being found in violation of item (i) of
subsection (a), the person shall, in addition to
such other sanctions as may be deemed appropriate by
the court, be subject to pay the railroad carrier
involved the cost to repair any railroad property
damaged, and to perform community service for not
less than 30 hours or more than 120 hours. If
community service is not available in the
jurisdiction where the offense was committed, that
person shall be subject to pay a fine of not less
than $150 or more than $1,000, or imprisonment for
not less than 5 days or more than 1 year, or both.
If railroad property damage exceeds $500 or bodily
injury occurs to another as a result of a violation
of this Section, the person shall be guilty of a
Class 4 felony. Upon being found in violation of
item (i) of subsection (a), the person shall, in
addition to such other sanctions as may be deemed
appropriate by the court, be subject to pay the
railroad carrier involved for the cost to repair any
railroad property damaged, and shall be fined not
less than $1,000, nor more than $25,000, or
imprisonment for not less than 1 year, or more than
3 years, or both. If serious bodily injury or death
occurs to another as a result of a violation of item
(i) of subsection (a), the person shall be guilty of
a Class 2 felony and shall, in addition to such
sanctions as may be deemed appropriate by the court,
be subject to pay the railroad carrier involved the
cost to repair any railroad property damaged, and
shall be fined not less than $5,000 nor more than
$25,000, or imprisonment for not less than 3 years
nor more than 7 years, or both. in this State, or
any person who causes or attempts to cause the
derailment of an engine, cars, or a track vehicle
used on railroad tracks, shall be guilty of a Class
4 felony. If any such action is malicious and is
the cause of wrecking any train, locomotive, or car
in this State whereby the life of any person is
lost, the person found guilty thereof shall be
liable for first degree murder and the person shall
be subject to pay the railroad carrier involved the
cost to repair any railroad property damaged as in
other cases.
(2) Upon being found in violation of item (ii)
or (iii), the person shall be guilty of a Class 4
felony. In addition to such other sanctions as may
be deemed appropriate by the court, the person shall
be subject to pay the railroad carrier involved for
the cost to repair any railroad property damaged,
and shall be fined not less than $1,000, nor more
than $25,000, or imprisoned for not less than 1 year
nor more than 3 years.
(3) Local authorities shall impose fines as
established in this subsection (b) for persons found
in violation of this Section or any similar local
ordinance.
(c) Definitions. As used in this Section:
"Bodily injury" means:
(i) a cut, abrasion, bruise, bump, or
disfigurement;
(ii) physical pain;
(iii) illness;
(iv) impairment of the function of a bodily member,
organ, or mental faculty; or
(v) any other injury to the body, no matter how
temporary.
"Railroad" means any form of nonhighway ground
transportation that runs on rails or electromagnetic
guideways, including:
(i) commuter or other short-haul railroad passenger
service in a metropolitan or urban area; and
(ii) high-speed ground transportation systems that
connect metropolitan areas, but does not include rapid
transit operations in an urban area that are not
connected to the general railroad system of
transportation.
"Railroad carrier" means a person providing railroad
transportation.
"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.
"Right of way" means the track or roadbed owned, leased,
or operated by a rail carrier that is located on either side
of its tracks and that is readily recognizable to a
reasonable person as being railroad property or is reasonably
identified as such by fencing or appropriate signs.
"Yard" means a system of parallel tracks, crossovers, and
switches where railroad cars are switched and made up into
trains, and where railroad cars, locomotives, and other
rolling stock is kept when not in use or when awaiting
repair.
"Serious bodily injury" means bodily injury that
involves:
(i) a substantial risk of death;
(ii) extreme physical pain;
(iii) protracted and obvious disfigurement; or
(iv) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty.
(Source: P.A. 90-691, eff. 1-1-99.)
(625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
Sec. 18c-7503. Trespassing on railroad property.
Trespass on Railroad Rights of Way and Yards.
(1) Trespassing on railroad property prohibited.
Trespass on Rights of Way and Yards Prohibited.
(a) General prohibition. Except as otherwise
provided in paragraph (b) of this subsection, no person
may:
(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;.
(ii) enter or be upon any railroad property;
(iii) without lawful authority or the railroad
carrier's consent, ride on the outside of a train or
inside a passenger car, locomotive, or freight car,
including a box car, flatbed, or container;
(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
(v) throw or cause to be thrown on to the
railroad's rights of way any waste paper, ashes,
household waste, glass, metal, tires, refuse, or
rubbish.
(b) Exceptions. This subsection shall not apply
to:
(i) fare paying passengers on trains or
employees of a rail carrier;
(ii) railroad employees and an authorized
representative of rail carrier employees, while
performing required duties in accordance with
reasonable rail carrier company guidelines;
(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
protect property;
(iv) a person being on the station grounds or
in the depot of the rail carrier for the purpose of
transacting business;
(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;
(vi) a person having written permission from
the rail carrier to go upon the right of way or into
the rail yard; and
(vii) representatives of local, State, and
federal governmental agencies in performance of
their official duties; and.
(viii) a person having written permission from
the rail carrier to go in or be upon railroad
property.
(2) Penalties.
(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 mandatory fine of not less than $150 or more
than $500, or to imprisonment for not less than 5 days
nor more than 30 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.
(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.
(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. Violation of this Section shall
subject the violator to a fine of not more than $500.
(3) Definitions. Definition. For purposes of this
Section:, a
"Passenger" means a person who is traveling by train with
lawful authority and who does not participate in the train's
operation. The term "passenger" does not include stowaways.
"Railroad" means any form of nonhighway ground
transportation that runs on rails or electromagnetic
guideways, including:
(i) commuter or other short-haul railroad
passenger service in a metropolitan or urban area;
and
(ii) high-speed ground transportation systems
that connect metropolitan areas; but does not
include rapid transit operations in an urban area
that are not connected to the general railroad
system of transportation.
"Railroad carrier" means a person providing railroad
transportation.
"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.
"Right of way" means the track or roadbed owned, or
leased, or operated by a rail carrier which is located on
either side of its tracks and which is readily recognizable
to a reasonable person as being railroad rail carrier
property or is reasonably identified as such by fencing or
appropriate signs.
"Yard" means a system of parallel tracks, crossovers, and
switches where railroad cars are switched and made up into
trains, and where railroad cars, locomotives, and other
rolling stock is kept when not in use or when awaiting
repair.
(Source: P.A. 90-655, eff. 7-30-98; 90-691, eff. 1-1-98.)
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