|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning transportation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Section 18c-7502 as follows: | ||||||
6 | (625 ILCS 5/18c-7502) (from Ch. 95 1/2, par. 18c-7502) | ||||||
7 | Sec. 18c-7502. Malicious removal of or damage to railroad | ||||||
8 | property or
freight. | ||||||
9 | (a) Malicious removal of or damage to railroad property or | ||||||
10 | freight. | ||||||
11 | A person is guilty of an offense if he or she is found to
| ||||||
12 | have: | ||||||
13 | (i) removed, taken, stolen, changed, added
to, taken | ||||||
14 | from, or in any manner changed, defaced, or interfered with | ||||||
15 | any
of the parts
or attachments of any locomotive or car, | ||||||
16 | or any plant or property
used in or in connection with the | ||||||
17 | operation of any railroad carrier,
locomotive,
car, or | ||||||
18 | train, or shoots, throws, or drops any object onto or at | ||||||
19 | any train,
locomotive, or car; | ||||||
20 | (ii) willfully and with intent to permanently deprive
| ||||||
21 | the owner
thereof, taken or
removed railroad freight from | ||||||
22 | any freight car, including a boxcar, container,
or flatbed; | ||||||
23 | or |
| |||||||
| |||||||
1 | (iii) bought or received any of the railroad freight | ||||||
2 | described in
item (ii), having
reason to know that such | ||||||
3 | freight was stolen ; or . | ||||||
4 | (iv) willfully placed upon an active railroad track or | ||||||
5 | railroad right of way any object or objects that would | ||||||
6 | adversely affect safe railroad operations. | ||||||
7 | (b) Penalties. | ||||||
8 | (1) If the railroad property damage does not exceed | ||||||
9 | $500 and no bodily
injury
occurs to another
as a result | ||||||
10 | of a violation of this Section, the person shall be | ||||||
11 | guilty
of a Class
A misdemeanor.
Upon being found in | ||||||
12 | violation of item (i) of subsection (a), the person | ||||||
13 | shall,
in addition to
such other
sanctions as may be | ||||||
14 | deemed appropriate by the court, be subject to pay the
| ||||||
15 | railroad carrier
involved the cost to repair any | ||||||
16 | railroad property damaged, and to perform
community
| ||||||
17 | service for not less than 30 hours or more than 120 | ||||||
18 | hours. If community
service is not
available in the | ||||||
19 | jurisdiction where the offense was committed, that | ||||||
20 | person
shall be subject to
pay a fine of not less than | ||||||
21 | $150 or more than $1,000, or imprisonment for not
less | ||||||
22 | than 5
days or more than 1 year, or both. If railroad | ||||||
23 | property damage exceeds $500 or
bodily injury
occurs to | ||||||
24 | another as a result of a violation of this Section, the | ||||||
25 | person shall
be
guilty of a Class
4 felony. Upon being | ||||||
26 | found in violation of item (i) of subsection (a), the
|
| |||||||
| |||||||
1 | person shall, in addition to such
other sanctions as | ||||||
2 | may be deemed appropriate by the court, be subject to | ||||||
3 | pay
the railroad
carrier involved for the cost to | ||||||
4 | repair any railroad property damaged, and
shall
be | ||||||
5 | fined not
less than $1,000, nor more than $25,000, or | ||||||
6 | imprisonment for not less than 1
year, or more
than 3 | ||||||
7 | years, or both. If serious bodily injury or death | ||||||
8 | occurs to another as a
result of a
violation of item | ||||||
9 | (i) of subsection (a), the person shall be guilty of a | ||||||
10 | Class
2 felony
and shall, in addition to such sanctions | ||||||
11 | as
may be deemed
appropriate by the court, be subject | ||||||
12 | to pay the railroad carrier involved the
cost to repair
| ||||||
13 | any railroad property damaged, and shall be fined not | ||||||
14 | less than $5,000 nor more
than $25,000,
or imprisonment | ||||||
15 | for not less than 3 years nor more than 7 years, or | ||||||
16 | both. If any
such action is malicious and is the cause | ||||||
17 | of wrecking any train,
locomotive, or car in this State | ||||||
18 | whereby the life of any person
is lost, the person | ||||||
19 | found guilty thereof shall be liable for
first degree | ||||||
20 | murder and the person shall be subject to pay the | ||||||
21 | railroad
carrier
involved the cost to repair any | ||||||
22 | railroad property damaged. | ||||||
23 | (2) Upon being found in violation of item (ii) , or | ||||||
24 | (iii), or (iv) the person
shall be guilty of a
Class 4 | ||||||
25 | felony. In addition to such other sanctions as may be | ||||||
26 | deemed
appropriate
by the court, the person
shall be |
| |||||||
| |||||||
1 | subject to pay the railroad carrier involved for the | ||||||
2 | cost to repair
any railroad
property damaged, and shall | ||||||
3 | be fined not less than $1,000, nor more than
$25,000,
| ||||||
4 | or
imprisoned for not less than 1 year nor more than 3 | ||||||
5 | years. | ||||||
6 | (3) Local authorities shall impose fines as | ||||||
7 | established in this
subsection
(b) for persons
found in | ||||||
8 | violation of this Section or any similar local | ||||||
9 | ordinance. | ||||||
10 | (c) Definitions. As used in this Section: | ||||||
11 | "Bodily injury" means: | ||||||
12 | (i) a cut, abrasion, bruise, bump, or disfigurement; | ||||||
13 | (ii) physical pain; | ||||||
14 | (iii) illness; | ||||||
15 | (iv) impairment of the function of a bodily
member, | ||||||
16 | organ, or mental
faculty; or | ||||||
17 | (v) any other injury to the body, no matter how
| ||||||
18 | temporary. | ||||||
19 | "Railroad" means any form of nonhighway ground | ||||||
20 | transportation that runs on
rails or
electromagnetic | ||||||
21 | guideways, including: | ||||||
22 | (i) commuter or other short-haul railroad passenger | ||||||
23 | service in a
metropolitan
or
urban area; and | ||||||
24 | (ii) high-speed ground transportation systems that | ||||||
25 | connect metropolitan
areas, but
does not include rapid | ||||||
26 | transit operations in an urban area that are not
connected |
| |||||||
| |||||||
1 | to the
general railroad system of transportation. | ||||||
2 | "Railroad carrier" means a person providing railroad | ||||||
3 | transportation. | ||||||
4 | "Railroad property" means all tangible property owned, | ||||||
5 | leased, or operated
by a railroad
carrier including a right of | ||||||
6 | way, track, bridge, yard, shop, station, tunnel,
viaduct, | ||||||
7 | trestle,
depot, warehouse, terminal, or any other structure, | ||||||
8 | appurtenance, or equipment
owned, leased,
or used in the | ||||||
9 | operation of any railroad carrier including trains, | ||||||
10 | locomotives,
engines, railroad
cars, work equipment, rolling | ||||||
11 | stock, or safety devices. "Railroad property"
does
not include | ||||||
12 | a
railroad carrier's administrative buildings or offices, | ||||||
13 | office equipment, or
intangible property
such as software or | ||||||
14 | other information. | ||||||
15 | "Right of way" means the track or roadbed
owned, leased, or | ||||||
16 | operated by a rail carrier that is located on either side
of | ||||||
17 | its tracks
and that is readily recognizable to a reasonable | ||||||
18 | person as being railroad
property or is
reasonably identified | ||||||
19 | as such by fencing or appropriate signs. | ||||||
20 | "Yard" means a system of parallel tracks, crossovers, and | ||||||
21 | switches where
railroad cars are
switched and made up into | ||||||
22 | trains, and where railroad cars, locomotives, and
other rolling
| ||||||
23 | stock is kept when not in use or when awaiting repair. | ||||||
24 | "Serious bodily injury" means bodily injury that involves: | ||||||
25 | (i) a substantial risk of death; | ||||||
26 | (ii) extreme physical pain; |
| |||||||
| |||||||
1 | (iii) protracted and obvious disfigurement; or | ||||||
2 | (iv) protracted loss or impairment of the function of a | ||||||
3 | bodily member,
organ,
or mental faculty. | ||||||
4 | (Source: P.A. 90-691, eff. 1-1-99; 91-532, eff. 1-1-00.)
|