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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1319, 2380               PRINTER'S NO. 4144

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.




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