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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1319, 2380, 4144,        PRINTER'S NO. 4319
        4247

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

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 3, 2004

                                     AN ACT

     1  Amending Title TITLES 18 (Crimes and Offenses) AND 42 (JUDICIARY  <--
     2     AND JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
     3     Statutes, defining the offense of trespassing on railroad      <--
     4     property; and providing PROVIDING FOR RAILROAD PROTECTION,     <--
     5     RAILROAD VANDALISM AND INTERFERENCE WITH TRANSPORTATION
     6     FACILITIES AND for penalties; AND PROVIDING FOR RAILROAD       <--
     7     CIVIL IMMUNITY.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Title 18 of the Pennsylvania Consolidated
    11  Statutes is amended by adding a section to read:
    12  § 3504.  Railroad protection, railroad vandalism and
    13             interference with transportation facilities.
    14     (a)  Damage to railroad or delay of railroad operations.--
    15         (1)  A person commits an offense if, without lawful
    16     authority or the railroad carrier's consent, he causes damage
    17     to property that he knows or reasonably should have known to
    18     be railroad property, including the railroad right-of-way or


     1     yard, or causes a delay in railroad operations, by an act
     2     including, but not limited to:
     3             (i)  Knowingly, purposefully or recklessly
     4         disrupting, delaying or preventing the operation of any
     5         train, jitney, trolley or any other facility of
     6         transportation.
     7             (ii)  Driving or operating a recreational vehicle or
     8         nonrecreational vehicle, including, but not limited to, a
     9         bicycle, motorcycle, snowmobile, all-terrain vehicle, car
    10         or truck.
    11             (iii)  Knowingly, purposefully or recklessly damaging
    12         railroad property, railroad infrastructure or railroad
    13         equipment or using railroad property to access adjoining
    14         property to commit acts of vandalism, theft or other
    15         criminal acts.
    16         (2)  An offense under this subsection constitutes a
    17     misdemeanor of the third degree.
    18     (b)  Stowaways prohibited.--
    19         (1)  A person commits an offense if, without lawful
    20     authority or the railroad carrier's consent, he rides on the
    21     outside of a train or inside a passenger car, locomotive or
    22     freight car, including a box car, flatbed or container.
    23         (2)  An offense under this subsection constitutes a
    24     misdemeanor of the third degree.
    25     (c)  Limitation on liability.--                                <--
    26         (1)  A railroad carrier owes no duty of care to keep its
    27     railroad property safe for entry or use by any person who
    28     enters upon any railroad property or railroad right-of-way or
    29     to give any warning to such person entering or going on that
    30     railroad property of a dangerous condition, use or activity
    20030H1117B4319                  - 2 -     

     1     thereon.
     2         (2)  Except as set forth in paragraph (3), a railroad
     3     carrier shall not:
     4             (i)  Be presumed to extend any assurance to a person
     5         entering or going on railroad property without the
     6         railroad carrier's consent that the railroad property is
     7         safe for any purpose.
     8             (ii)  Incur any duty of care toward a person entering
     9         or going on railroad property without the railroad
    10         carrier's consent.
    11             (iii)  Become liable for any injury to a person
    12         entering or going on railroad property without the
    13         railroad carrier's consent caused by an act or omission
    14         of such person.
    15         (3)  Nothing in this subsection limits in any way any
    16     liability which otherwise exists for willful or malicious
    17     failure to guard or warn against a dangerous condition, use
    18     or activity.
    19     (d) (C)  Definitions.--As used in this section, the following  <--
    20  words and phrases shall have the meanings given to them in this
    21  subsection:
    22     "Railroad."  Any form of nonhighway ground transportation
    23  that runs on rails or electromagnetic guideways, including, but
    24  not limited to:
    25         (1)  Commuter or other short-haul railroad passenger
    26     service in a metropolitan or suburban area.
    27         (2)  High-speed ground transportation systems that
    28     connect metropolitan areas, but not rapid transit operations
    29     in an urban area that are not connected to the general
    30     railroad system of transportation.
    20030H1117B4319                  - 3 -     

     1     "Railroad carrier."  A person, including, but not limited to,
     2  an owner or operator, providing railroad transportation.          <--
     3     "Railroad carrier's consent."  Written or other affirmative
     4  communication of permission to be on railroad property. Consent
     5  shall not be implied.
     6     "Railroad property."  All tangible property owned, leased or
     7  operated by a railroad carrier, including a right-of-way, track,
     8  bridge, yard, shop, station, tunnel, viaduct, trestle, depot,
     9  warehouse, terminal or any other structure, appurtenance or
    10  equipment owned, leased or used in the operation of any railroad
    11  carrier including a train, locomotive, engine, railroad car,
    12  work equipment, rolling stock or safety device. The term does
    13  not include a railroad carrier's administrative building or
    14  offices, office equipment or intangible property such as
    15  computer software or other information.
    16     "Right-of-way."  The track or roadbed owned, leased or
    17  operated by a railroad carrier which is located on either side
    18  of its tracks and which is readily recognizable to a reasonable
    19  person as being railroad property or is reasonably identified as
    20  such by fencing or appropriate signs.
    21     "Yard."  A system of parallel tracks, crossovers and switches
    22  where railroad cars are switched and made up into trains and
    23  where railroad cars, locomotives and other rolling stock are
    24  kept when not in use or when awaiting repairs.
    25     Section 2.  This act shall take effect in 60 days.             <--
    26     SECTION 2.  TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:   <--
    27  § 8339.1.  RAILROAD CIVIL IMMUNITY.
    28     (A)  GENERAL RULE.--A RAILROAD CARRIER OWES NO DUTY OF CARE
    29  TO KEEP ITS RAILROAD PROPERTY SAFE FOR ENTRY OR USE BY ANY
    30  TRESPASSER WHO ENTERS UPON ANY RAILROAD PROPERTY OR RAILROAD
    20030H1117B4319                  - 4 -     

     1  RIGHT-OF-WAY OR TO GIVE ANY WARNING TO SUCH TRESPASSER ENTERING
     2  OR GOING ON THAT RAILROAD PROPERTY OF A DANGEROUS CONDITION, USE
     3  OR ACTIVITY THEREON.                                              <--
     4     (B)  EXCEPTIONS.--EXCEPT AS SET FORTH IN SUBSECTION (C), A OR  <--
     5  ACTIVITY THEREON. EXCEPT AS SET FORTH IN SUBSECTION (B), A
     6  RAILROAD CARRIER SHALL NOT:
     7         (1)  BE PRESUMED TO EXTEND ANY ASSURANCE TO A TRESPASSER
     8     ENTERING OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD
     9     CARRIER'S CONSENT THAT THE RAILROAD PROPERTY IS SAFE FOR ANY
    10     PURPOSE.
    11         (2)  INCUR ANY DUTY OF CARE TOWARD A TRESPASSER ENTERING
    12     OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD CARRIER'S
    13     CONSENT.
    14         (3)  BECOME LIABLE FOR ANY INJURY TO A TRESPASSER
    15     ENTERING OR GOING ON RAILROAD PROPERTY WITHOUT THE RAILROAD
    16     CARRIER'S CONSENT CAUSED BY AN ACT OR OMISSION OF SUCH
    17     TRESPASSER.
    18     (C) (B)  LIMITATION.--NOTHING IN THIS SUBSECTION SECTION       <--
    19  LIMITS IN ANY WAY ANY LIABILITY WHICH OTHERWISE EXISTS FOR
    20  WILLFUL OR MALICIOUS WANTON FAILURE TO GUARD OR WARN AGAINST A    <--
    21  DANGEROUS CONDITION, USE OR ACTIVITY.
    22     (D) (C)  DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING  <--
    23  WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    24  SUBSECTION:
    25     "TRESPASSER."  A PERSON WHO ENTERS ONTO PROPERTY THE PERSON    <--
    26  KNOWS OR SHOULD HAVE KNOWN TO BE RAILROAD PROPERTY WITHOUT ANY
    27  RIGHT, LAWFUL AUTHORITY OR EXPRESS OR IMPLIED INVITATION.
    28  RAILROAD PROPERTY WITHOUT ANY RIGHT, LAWFUL AUTHORITY OR THE      <--
    29  EXPRESS CONSENT OF THE RAILROAD.
    30     SECTION 3.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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