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91_SB0741enr
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-1425, 18c-7502, and 18c-7503.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-1425, 18c-7502, and 18c-7503 as follows:
7 (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
8 Sec. 11-1425. Stop when traffic obstructed.
9 (a) No driver shall enter an intersection or a marked
10 crosswalk or drive onto any railroad grade crossing unless
11 there is sufficient space on the other side of the
12 intersection, crosswalk or railroad grade crossing to
13 accommodate the vehicle he is operating without obstructing
14 the passage of other vehicles, pedestrians or railroad trains
15 notwithstanding any traffic-control signal indication to
16 proceed.
17 (b) No driver shall enter a highway rail grade crossing
18 unless there is sufficient space on the other side of the
19 highway rail grade crossing to accommodate the vehicle being
20 operated without obstructing the passage of a train or other
21 railroad equipment using the rails, notwithstanding any
22 traffic-control signal indication to proceed. Any person
23 found in violation of subsection (b) shall be subject to a
24 mandatory fine of $500 or 50 hours of community service.
25 (c) Local authorities shall impose fines as established
26 in subsection (b) for persons found in violation of this
27 Section or any similar local ordinance.
28 (Source: P.A. 79-798; 79-1068; 79-1454.)
29 (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502)
30 Sec. 18c-7502. Malicious removal of or damage to
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1 railroad property or freight Rail Property.
2 (a) Malicious removal of or damage to railroad property
3 or freight.
4 A Any person is guilty of an offense if he or she is
5 found to have:
6 (i) removed, taken, stolen, changed, added to,
7 taken from, or in any manner changed, defaced, or
8 interfered with any of the parts or attachments of any
9 locomotive or car, or any plant or property used in or in
10 connection with the operation of any railroad carrier,
11 locomotive, or car, or train, or shoots, throws, or drops
12 any object onto or at any train, locomotive, or car;
13 (ii) willfully and with intent to permanently
14 deprive the owner thereof, taken or removed railroad
15 freight from any freight car, including a boxcar,
16 container, or flatbed; or
17 (iii) bought or received any of the railroad
18 freight described in item (ii), having reason to know
19 that such freight was stolen.
20 (b) Penalties.
21 (1) If the railroad property damage does not
22 exceed $500 and no bodily injury occurs to another
23 as a result of a violation of this Section, the
24 person shall be guilty of a Class A misdemeanor.
25 Upon being found in violation of item (i) of
26 subsection (a), the person shall, in addition to
27 such other sanctions as may be deemed appropriate by
28 the court, be subject to pay the railroad carrier
29 involved the cost to repair any railroad property
30 damaged, and to perform community service for not
31 less than 30 hours or more than 120 hours. If
32 community service is not available in the
33 jurisdiction where the offense was committed, that
34 person shall be subject to pay a fine of not less
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1 than $150 or more than $1,000, or imprisonment for
2 not less than 5 days or more than 1 year, or both.
3 If railroad property damage exceeds $500 or bodily
4 injury occurs to another as a result of a violation
5 of this Section, the person shall be guilty of a
6 Class 4 felony. Upon being found in violation of
7 item (i) of subsection (a), the person shall, in
8 addition to such other sanctions as may be deemed
9 appropriate by the court, be subject to pay the
10 railroad carrier involved for the cost to repair any
11 railroad property damaged, and shall be fined not
12 less than $1,000, nor more than $25,000, or
13 imprisonment for not less than 1 year, or more than
14 3 years, or both. If serious bodily injury or death
15 occurs to another as a result of a violation of item
16 (i) of subsection (a), the person shall be guilty of
17 a Class 2 felony and shall, in addition to such
18 sanctions as may be deemed appropriate by the court,
19 be subject to pay the railroad carrier involved the
20 cost to repair any railroad property damaged, and
21 shall be fined not less than $5,000 nor more than
22 $25,000, or imprisonment for not less than 3 years
23 nor more than 7 years, or both. in this State, or
24 any person who causes or attempts to cause the
25 derailment of an engine, cars, or a track vehicle
26 used on railroad tracks, shall be guilty of a Class
27 4 felony. If any such action is malicious and is
28 the cause of wrecking any train, locomotive, or car
29 in this State whereby the life of any person is
30 lost, the person found guilty thereof shall be
31 liable for first degree murder and the person shall
32 be subject to pay the railroad carrier involved the
33 cost to repair any railroad property damaged as in
34 other cases.
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1 (2) Upon being found in violation of item (ii)
2 or (iii), the person shall be guilty of a Class 4
3 felony. In addition to such other sanctions as may
4 be deemed appropriate by the court, the person shall
5 be subject to pay the railroad carrier involved for
6 the cost to repair any railroad property damaged,
7 and shall be fined not less than $1,000, nor more
8 than $25,000, or imprisoned for not less than 1 year
9 nor more than 3 years.
10 (3) Local authorities shall impose fines as
11 established in this subsection (b) for persons found
12 in violation of this Section or any similar local
13 ordinance.
14 (c) Definitions. As used in this Section:
15 "Bodily injury" means:
16 (i) a cut, abrasion, bruise, bump, or
17 disfigurement;
18 (ii) physical pain;
19 (iii) illness;
20 (iv) impairment of the function of a bodily member,
21 organ, or mental faculty; or
22 (v) any other injury to the body, no matter how
23 temporary.
24 "Railroad" means any form of nonhighway ground
25 transportation that runs on rails or electromagnetic
26 guideways, including:
27 (i) commuter or other short-haul railroad passenger
28 service in a metropolitan or urban area; and
29 (ii) high-speed ground transportation systems that
30 connect metropolitan areas, but does not include rapid
31 transit operations in an urban area that are not
32 connected to the general railroad system of
33 transportation.
34 "Railroad carrier" means a person providing railroad
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1 transportation.
2 "Railroad property" means all tangible property owned,
3 leased, or operated by a railroad carrier including a right
4 of way, track, bridge, yard, shop, station, tunnel, viaduct,
5 trestle, depot, warehouse, terminal, or any other structure,
6 appurtenance, or equipment owned, leased, or used in the
7 operation of any railroad carrier including trains,
8 locomotives, engines, railroad cars, work equipment, rolling
9 stock, or safety devices. "Railroad property" does not
10 include a railroad carrier's administrative buildings or
11 offices, office equipment, or intangible property such as
12 software or other information.
13 "Right of way" means the track or roadbed owned, leased,
14 or operated by a rail carrier that is located on either side
15 of its tracks and that is readily recognizable to a
16 reasonable person as being railroad property or is reasonably
17 identified as such by fencing or appropriate signs.
18 "Yard" means a system of parallel tracks, crossovers, and
19 switches where railroad cars are switched and made up into
20 trains, and where railroad cars, locomotives, and other
21 rolling stock is kept when not in use or when awaiting
22 repair.
23 "Serious bodily injury" means bodily injury that
24 involves:
25 (i) a substantial risk of death;
26 (ii) extreme physical pain;
27 (iii) protracted and obvious disfigurement; or
28 (iv) protracted loss or impairment of the function
29 of a bodily member, organ, or mental faculty.
30 (Source: P.A. 90-691, eff. 1-1-99.)
31 (625 ILCS 5/18c-7503) (from Ch. 95 1/2, par. 18c-7503)
32 Sec. 18c-7503. Trespassing on railroad property.
33 Trespass on Railroad Rights of Way and Yards.
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1 (1) Trespassing on railroad property prohibited.
2 Trespass on Rights of Way and Yards Prohibited.
3 (a) General prohibition. Except as otherwise
4 provided in paragraph (b) of this subsection, no person
5 may:
6 (i) walk, ride, drive or be upon or along the
7 right of way or rail yard of a rail carrier within
8 the State, at a place other than a public crossing;.
9 protect property;
2 (iv) a person being on the station grounds or
3 in the depot of the rail carrier for the purpose of
4 transacting business;
5 (v) a person, his family, or his employees or
6 agents going across a farm crossing, as defined in
7 this Chapter, for the purpose of crossing from one
8 part to another part of a farm he owns or leases,
9 where the farm lies on both sides of the right of
10 way;
11 (vi) a person having written permission from
12 the rail carrier to go upon the right of way or into
13 the rail yard; and
14 (vii) representatives of local, State, and
15 federal governmental agencies in performance of
16 their official duties; and.
17 (viii) a person having written permission from
18 the rail carrier to go in or be upon railroad
19 property.
20 (2) Penalties.
21 (a) Any person found in violation of item (i),
22 (ii), (iii) or (iv) of paragraph (a) of subsection (1)
23 shall be guilty of a Class C misdemeanor for a first
24 offense. In addition to such other sanctions as may be
25 deemed appropriate by the court, the person shall be
26 subject to a mandatory fine of not less than $150 or more
27 than $500, or to imprisonment for not less than 5 days
28 nor more than 30 days, or both. For each subsequent
29 offense, the person shall be guilty of a Class A
30 misdemeanor. In addition to such sanctions as may be
31 deemed appropriate by the court, the person shall be
32 subject to a mandatory fine of not less than $500 nor
33 more than $1,000, or to imprisonment for not less than 10
34 days or more than one year, or both.
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1 (b) Any person found in violation of item (v) of
2 paragraph (a) of subsection (1) shall be guilty of an
3 offense and in addition to such sanctions as may be
4 deemed appropriate by the court shall be subject to a
5 fine of not less than $100 nor more than $500, or
6 community service of not less than 8 hours nor more than
7 50 hours, or both. If damage to any railroad property or
8 bodily injury occurs to another as a result of a
9 violation of item (v) of paragraph (a) of subsection (1),
10 that person shall be charged with the offense of
11 Malicious Removal of or Damage to Railroad Property or
12 Freight pursuant to Section 18c-7502.
13 (c) Local authorities shall impose fines as
14 established in paragraphs (a) and (b) of this subsection
15 (2) for persons found in violation of this Section or any
16 similar local ordinance. Violation of this Section shall
17 subject the violator to a fine of not more than $500.
18 (3) Definitions. Definition. For purposes of this
19 Section:, a
20 "Passenger" means a person who is traveling by train with
21 lawful authority and who does not participate in the train's
22 operation. The term "passenger" does not include stowaways.
23 "Railroad" means any form of nonhighway ground
24 transportation that runs on rails or electromagnetic
25 guideways, including:
26 (i) commuter or other short-haul railroad
27 passenger service in a metropolitan or urban area;
28 and
29 (ii) high-speed ground transportation systems
30 that connect metropolitan areas; but does not
31 include rapid transit operations in an urban area
32 that are not connected to the general railroad
33 system of transportation.
34 "Railroad carrier" means a person providing railroad
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1 transportation.
2 "Railroad property" means all tangible property owned,
3 leased, or operated by a railroad carrier including a right
4 of way, track, bridge, yard, shop, station, tunnel, viaduct,
5 trestle, depot, warehouse, terminal, or any other structure,
6 appurtenance, or equipment owned, leased, or used in the
7 operation of any railroad carrier including trains,
8 locomotives, engines, railroad cars, work equipment, rolling
9 stock, or safety devices. "Railroad property" does not
10 include a railroad carrier's administrative buildings or
11 offices, office equipment, or intangible property such as
12 software or other information.
13 "Right of way" means the track or roadbed owned, or
14 leased, or operated by a rail carrier which is located on
15 either side of its tracks and which is readily recognizable
16 to a reasonable person as being railroad rail carrier
17 property or is reasonably identified as such by fencing or
18 appropriate signs.
19 "Yard" means a system of parallel tracks, crossovers, and
20 switches where railroad cars are switched and made up into
21 trains, and where railroad cars, locomotives, and other
22 rolling stock is kept when not in use or when awaiting
23 repair.
24 (Source: P.A. 90-655, eff. 7-30-98; 90-691, eff. 1-1-98.)
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