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Public Act 096-1132
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| HB4987 Enrolled | LRB096 17720 AJT 33085 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 18c-7502 as follows:
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(625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) |
Sec. 18c-7502. Malicious removal of or damage to railroad |
property or
freight. |
(a) Malicious removal of or damage to railroad property or |
freight. |
A person is guilty of an offense if he or she is found to
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have: |
(i) removed, taken, stolen, changed, added
to, taken |
from, or in any manner changed, defaced, or interfered with |
any
of the parts
or attachments of any locomotive or car, |
or any plant or property
used in or in connection with the |
operation of any railroad carrier,
locomotive,
car, or |
train, or shoots, throws, or drops any object onto or at |
any train,
locomotive, or car; |
(ii) willfully and with intent to permanently deprive
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the owner
thereof, taken or
removed railroad freight from |
any freight car, including a boxcar, container,
or flatbed; |
or |
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(iii) bought or received any of the railroad freight |
described in
item (ii), having
reason to know that such |
freight was stolen; or . |
(iv) willfully placed upon an active railroad track or |
railroad right of way any object or objects that would |
adversely affect safe railroad operations. |
(b) Penalties. |
(1) If the railroad property damage does not exceed |
$500 and no bodily
injury
occurs to another
as a result |
of a violation of this Section, the person shall be |
guilty
of a Class
A misdemeanor.
Upon being found in |
violation of item (i) of subsection (a), the person |
shall,
in addition to
such other
sanctions as may be |
deemed appropriate by the court, be subject to pay the
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railroad carrier
involved the cost to repair any |
railroad property damaged, and to perform
community
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service for not less than 30 hours or more than 120 |
hours. If community
service is not
available in the |
jurisdiction where the offense was committed, that |
person
shall be subject to
pay a fine of not less than |
$150 or more than $1,000, or imprisonment for not
less |
than 5
days or more than 1 year, or both. If railroad |
property damage exceeds $500 or
bodily injury
occurs to |
another as a result of a violation of this Section, the |
person shall
be
guilty of a Class
4 felony. Upon being |
found in violation of item (i) of subsection (a), the
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person shall, in addition to such
other sanctions as |
may be deemed appropriate by the court, be subject to |
pay
the railroad
carrier involved for the cost to |
repair any railroad property damaged, and
shall
be |
fined not
less than $1,000, nor more than $25,000, or |
imprisonment for not less than 1
year, or more
than 3 |
years, or both. If serious bodily injury or death |
occurs to another as a
result of a
violation of item |
(i) of subsection (a), the person shall be guilty of a |
Class
2 felony
and shall, in addition to such sanctions |
as
may be deemed
appropriate by the court, be subject |
to pay the railroad carrier involved the
cost to repair
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any railroad property damaged, and shall be fined not |
less than $5,000 nor more
than $25,000,
or imprisonment |
for not less than 3 years nor more than 7 years, or |
both. If any
such action is malicious and is the cause |
of wrecking any train,
locomotive, or car in this State |
whereby the life of any person
is lost, the person |
found guilty thereof shall be liable for
first degree |
murder and the person shall be subject to pay the |
railroad
carrier
involved the cost to repair any |
railroad property damaged. |
(2) Upon being found in violation of item (ii), or |
(iii), or (iv) the person
shall be guilty of a
Class 4 |
felony. In addition to such other sanctions as may be |
deemed
appropriate
by the court, the person
shall be |
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subject to pay the railroad carrier involved for the |
cost to repair
any railroad
property damaged, and shall |
be fined not less than $1,000, nor more than
$25,000,
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or
imprisoned for not less than 1 year nor more than 3 |
years. |
(3) Local authorities shall impose fines as |
established in this
subsection
(b) for persons
found in |
violation of this Section or any similar local |
ordinance. |
(c) Definitions. As used in this Section: |
"Bodily injury" means: |
(i) a cut, abrasion, bruise, bump, or disfigurement; |
(ii) physical pain; |
(iii) illness; |
(iv) impairment of the function of a bodily
member, |
organ, or mental
faculty; or |
(v) any other injury to the body, no matter how
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temporary. |
"Railroad" means any form of nonhighway ground |
transportation that runs on
rails or
electromagnetic |
guideways, including: |
(i) commuter or other short-haul railroad passenger |
service in a
metropolitan
or
urban area; and |
(ii) high-speed ground transportation systems that |
connect metropolitan
areas, but
does not include rapid |
transit operations in an urban area that are not
connected |
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to the
general railroad system of transportation. |
"Railroad carrier" means a person providing railroad |
transportation. |
"Railroad property" means all tangible property owned, |
leased, or operated
by a railroad
carrier including a right of |
way, track, bridge, yard, shop, station, tunnel,
viaduct, |
trestle,
depot, warehouse, terminal, or any other structure, |
appurtenance, or equipment
owned, leased,
or used in the |
operation of any railroad carrier including trains, |
locomotives,
engines, railroad
cars, work equipment, rolling |
stock, or safety devices. "Railroad property"
does
not include |
a
railroad carrier's administrative buildings or offices, |
office equipment, or
intangible property
such as software or |
other information. |
"Right of way" means the track or roadbed
owned, leased, or |
operated by a rail carrier that is located on either side
of |
its tracks
and that is readily recognizable to a reasonable |
person as being railroad
property or is
reasonably identified |
as such by fencing or appropriate signs. |
"Yard" means a system of parallel tracks, crossovers, and |
switches where
railroad cars are
switched and made up into |
trains, and where railroad cars, locomotives, and
other rolling
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stock is kept when not in use or when awaiting repair. |
"Serious bodily injury" means bodily injury that involves: |
(i) a substantial risk of death; |
(ii) extreme physical pain; |