Bill Text: NY A07869 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to criminal trespass on railroad property and rights of way.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-07-20 - signed chap.176 [A07869 Detail]
Download: New_York-2011-A07869-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7869--A
2011-2012 Regular Sessions
I N A S S E M B L Y
May 19, 2011
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to criminal trespass on rail-
road property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (g) of section 140.10 of the penal law, as
2 added by chapter 338 of the laws of 1997, is amended to read as follows:
3 (g) where the property consists of a right-of-way or yard of a rail-
4 road or rapid transit railroad which has been designated and conspicu-
5 ously posted as a no-trespass railroad zone[, pursuant to section eight-
6 y-three-b of the railroad law, by the city or county in which such
7 property is located].
8 S 2. Section 83-a of the railroad law, as added by chapter 246 of the
9 laws of 1977, is amended to read as follows:
10 S 83-a. Operation of MOTOR VEHICLES, snowmobiles, RECREATIONAL VEHI-
11 CLES, AND RIDING OF ANIMALS on railroad property. Except in the case of
12 a railroad employee, CONTRACTOR OF THE RAILROAD CORPORATION OR PUBLIC
13 OFFICIAL acting in the performance of his [duty] OR HER DUTIES, no
14 person shall KNOWINGLY operate a MOTOR VEHICLE, snowmobile, OR OTHER
15 RECREATIONAL VEHICLE, INCLUDING ALL TERRAIN VEHICLES AND MOTORCYCLES, OR
16 RIDE, LEAD OR DRIVE ANY HORSE OR OTHER ANIMAL upon abandoned railroad
17 property which is posted to prohibit the operation of [snowmobiles] ANY
18 SUCH VEHICLES OR ANIMALS thereupon, or upon or along the track or tracks
19 of an operating railroad or within the fences or guards thereof, except
20 across or along streets or highways or at farm or forest crossings where
21 necessary to cross [said] SUCH tracks or property. [Any person violating
22 the provisions of this section shall be guilty of a violation punishable
23 by a fine of one hundred dollars for each separate offense.] A VIOLATION
24 OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A VIOLATION PUNISHA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11564-02-1
A. 7869--A 2
1 BLE BY A FINE OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN TWO
2 HUNDRED FIFTY DOLLARS. CONVICTION FOR A SECOND OR SUBSEQUENT VIOLATION
3 OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
4 LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS.
5 S 3. This act shall take effect on the one hundred eightieth day after
6 it shall have become a law.
