SENATE AMENDED PRIOR PRINTER'S NOS. 1319, 2380 PRINTER'S NO. 4144
No. 1117 Session of 2003
INTRODUCED BY MAHER, GEIST, BENNINGHOFF, BUNT, CAPPELLI, CIVERA, COY, HARHAI, HERMAN, HORSEY, LAUGHLIN, McCALL, MELIO, S. MILLER, PAYNE, SATHER, STERN, WASHINGTON, WATSON, WILT AND YOUNGBLOOD, APRIL 9, 2003
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, JUNE 22, 2004
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, defining the offense of trespassing on <-- 3 railroad property; and providing PROVIDING FOR RAILROAD <-- 4 PROTECTION, RAILROAD VANDALISM AND INTERFERENCE WITH 5 TRANSPORTATION FACILITIES AND for penalties. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Title 18 of the Pennsylvania Consolidated 9 Statutes is amended by adding a section to read: 10 § 3504. Railroad protection, railroad vandalism and 11 interference with transportation facilities. 12 (a) Damage to railroad or delay of railroad operations.-- 13 (1) A person commits an offense if, without lawful 14 authority or the railroad carrier's consent, he causes damage 15 to property that he knows or reasonably should have known to 16 be railroad property, including the railroad right-of-way or 17 yard, or causes a delay in railroad operations, by an act
1 including, but not limited to: 2 (i) Knowingly, purposefully or recklessly 3 disrupting, delaying or preventing the operation of any 4 train, jitney, trolley or any other facility of 5 transportation. 6 (ii) Driving or operating a recreational vehicle or 7 nonrecreational vehicle, including, but not limited to, a 8 bicycle, motorcycle, snowmobile, all-terrain vehicle, car 9 or truck. 10 (iii) Knowingly, purposefully or recklessly damaging 11 railroad property, railroad infrastructure or railroad 12 equipment or using railroad property to access adjoining 13 property to commit acts of vandalism, theft or other 14 criminal acts. 15 (2) An offense under this subsection constitutes a 16 misdemeanor of the third degree. 17 (b) Stowaways prohibited.-- 18 (1) A person commits an offense if, without lawful 19 authority or the railroad carrier's consent, he rides on the 20 outside of a train or inside a passenger car, locomotive or 21 freight car, including a box car, flatbed or container. 22 (2) An offense under this subsection constitutes a 23 misdemeanor of the third degree. 24 (c) Limitation on liability.-- 25 (1) A railroad carrier owes no duty of care to keep its 26 railroad property safe for entry or use by any person who 27 enters upon any railroad property or railroad right-of-way or 28 to give any warning to such person entering or going on that 29 railroad property of a dangerous condition, use or activity 30 thereon. 20030H1117B4144 - 2 -
1 (2) Except as set forth in paragraph (3), a railroad 2 carrier shall not: 3 (i) Be presumed to extend any assurance to a person 4 entering or going on railroad property without the 5 railroad carrier's consent that the railroad property is 6 safe for any purpose. 7 (ii) Incur any duty of care toward a person entering 8 or going on railroad property without the railroad 9 carrier's consent. 10 (iii) Become liable for any injury to a person 11 entering or going on railroad property without the 12 railroad carrier's consent caused by an act or omission 13 of such person. 14 (3) Nothing in this subsection limits in any way any 15 liability which otherwise exists for willful or malicious 16 failure to guard or warn against a dangerous condition, use 17 or activity. 18 (d) Definitions.--As used in this section, the following 19 words and phrases shall have the meanings given to them in this 20 subsection: 21 "Railroad." Any form of nonhighway ground transportation 22 that runs on rails or electromagnetic guideways, including, but 23 not limited to: 24 (1) Commuter or other short-haul railroad passenger 25 service in a metropolitan or suburban area. 26 (2) High-speed ground transportation systems that 27 connect metropolitan areas, but not rapid transit operations 28 in an urban area that are not connected to the general 29 railroad system of transportation. 30 "Railroad carrier." A person, including, but not limited to, 20030H1117B4144 - 3 -
1 an owner or operator, providing railroad transportation. <-- 2 "Railroad carrier's consent." Written or other affirmative 3 communication of permission to be on railroad property. Consent 4 shall not be implied. 5 "Railroad property." All tangible property owned, leased or 6 operated by a railroad carrier, including a right-of-way, track, 7 bridge, yard, shop, station, tunnel, viaduct, trestle, depot, 8 warehouse, terminal or any other structure, appurtenance or 9 equipment owned, leased or used in the operation of any railroad 10 carrier including a train, locomotive, engine, railroad car, 11 work equipment, rolling stock or safety device. The term does 12 not include a railroad carrier's administrative building or 13 offices, office equipment or intangible property such as 14 computer software or other information. 15 "Right-of-way." The track or roadbed owned, leased or 16 operated by a railroad carrier which is located on either side 17 of its tracks and which is readily recognizable to a reasonable 18 person as being railroad property or is reasonably identified as 19 such by fencing or appropriate signs. 20 "Yard." A system of parallel tracks, crossovers and switches 21 where railroad cars are switched and made up into trains and 22 where railroad cars, locomotives and other rolling stock are 23 kept when not in use or when awaiting repairs. 24 Section 2. This act shall take effect in 60 days. A7L18MEP/20030H1117B4144 - 4 -