HB5237 97TH GENERAL ASSEMBLY

LRB097 19466 HEP 64719 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5237

Introduced 2/8/2012, by Rep. Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

610 ILCS 95/5 new

Amends the Railroad Obstruction Act. Provides that a person commits the offense of parking a motor vehicle on tracks, a Class 4 felony, when he or she knowingly leaves a motor vehicle on any portion of a railroad track for a period of one hour or more. Provides that a person commits the offense of aggravated parking a motor vehicle on tracks, a Class 2 felony, when he or she commits the offense of parking a motor vehicle on tracks and the violation is a proximate cause of death or great bodily harm to another person. Provides that the new provisions do not apply if a motor vehicle is left on a railroad track because of a mechanical failure, provided that the person in control of the vehicle at the time of the mechanical failure immediately makes a reasonable effort to have the vehicle removed from the track or to notify law enforcement of the location of the vehicle.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Railroad Obstruction Act is amended by adding Section 5 as follows:

(610 ILCS 95/5 new)

Sec. 5. Parking a motor vehicle on tracks; aggravated parking a motor vehicle on tracks.

(a) A person commits parking a motor vehicle on tracks when he or she knowingly leaves a motor vehicle on any portion of a railroad track for a period of one hour or more. Parking a motor vehicle on tracks is a Class 4 felony.

(b) A person commits aggravated parking a motor vehicle on tracks when he or she violates subsection (a), and the violation is a proximate cause of death or great bodily harm to another person. Aggravated parking a motor vehicle on tracks is a Class 2 felony.

(c) This Section does not apply if a motor vehicle is left on a railroad track because of a mechanical failure, provided that the person in control of the vehicle at the time of the mechanical failure immediately makes a reasonable effort to have the vehicle removed from the track or to notify law enforcement of the location of the vehicle.