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| [ Senate Amendment 002 ] |
91_SB1393ham001
LRB9111145DHdvam01
1 AMENDMENT TO SENATE BILL 1393
2 AMENDMENT NO. . Amend Senate Bill 1393 as follows:
3 on page 2, by replacing lines 29 through 32 with the
4 following:
5 "a rail carrier employee may be arrested and prosecuted for a
6 violation of subdivision (1)(e) of Section 18c-7402 where he
7 or she is an officer or director of the rail carrier whose
8 managerial duties include the establishment, maintenance, or
9 supervision of the rail carrier's routes, traffic, or
10 timetables, or whose managerial duties include the
11 supervision of, oversight of, or responsibility for track or
12 other railroad-related construction, maintenance, or
13 improvements. No person operating a motor vehicle in"; and
14 on page 12, line 19, by deleting "Chronic obstruction of a
15 grade crossing."; and
16 by replacing lines 29 through 34 on page 12 and lines 1
17 through 4 on page 13 with the following:
18 "fire department vehicles. If, after reasonable notice and a
19 hearing at which the railroad is entitled to be represented
20 by counsel, present evidence, and otherwise be heard, the
21 Commission finds probable cause to believe that, within a 2
22 week period, the railroad's trains have stopped traffic at a
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1 described crossing for 20 minutes or longer on 3 or more
2 occasions, the Commission shall refer the matter to the
3 State's Attorney of the county in which the obstruction has
4 occurred, together with any transcript, documents, and other
5 physical evidence presented at a the hearing, for prosecution
6 for the chronic obstruction of a grade crossing within the
7 Chicago switching district or any other indicated offense.
8 (e) Chronic obstruction of a grade crossing within the
9 Chicago switching district. A person commits the offense of
10 chronic obstruction of a grade crossing within the Chicago
11 switching district if the person is a railroad officer or
12 director whose managerial duties include the establishment,
13 maintenance, or supervision of the railroad's routes,
14 traffic, or timetables; or the person is a railroad officer
15 or director whose managerial duties include the supervision
16 of, oversight of, or responsibility for track or other
17 railroad-related construction, maintenance, or improvements
18 at the site of an obstructed grade crossing and:
19 (i) a train or combination of trains subject to that
20 person's supervision, scheduling, direction, or oversight
21 has stopped traffic within the Chicago switching district
22 at the same railroad crossing for 20 minutes or longer on
23 3 or more occasions within a 2 week period; or
24 (ii) a train or combination of trains has stopped
25 traffic within the Chicago switching district at the same
26 railroad crossing for 20 minutes or longer on 3 or more
27 occasions within a 2 week period due to track or other
28 railroad construction, maintenance, or improvements
29 subject to that person's supervision, responsibility, or
30 oversight.
31 The railroad or railroad corporation employing that
32 person is also liable for violations of this Section.
33 A railroad or rail carrier which operates trains or
34 constructs, maintains, or improves track within the Chicago
-3- LRB9111145DHdvam01
1 switching district shall be deemed to have given consent to
2 prosecution under this Section of itself and on behalf of
3 officers and directors subject to the provisions of this
4 Section. The officers and directors of that railroad shall
5 also be deemed to have given consent to their prosecution
6 under this Section.
7 Chronic obstruction of a grade crossing within the
8 Chicago switching district is a Class C misdemeanor for the
9 first offense."; and
10 on page 13, by replacing lines 7 through 11 with the
11 following:
12 "be triple the fine amount of the first offense."; and
13 on page 17, line 9, by deleting "Chronic obstruction of a
14 grade crossing."; and
15 by replacing lines 19 through 28 on page 17 with the
16 following:
17 "fire department vehicles. If, after reasonable notice and a
18 hearing at which the railroad is entitled to be represented
19 by counsel, present evidence, and otherwise be heard, the
20 Commission finds probable cause to believe that, within a 2
21 week period, the railroad's trains have stopped traffic at a
22 described crossing for 20 minutes or longer on 3 or more
23 occasions, the Commission shall refer the matter to the
24 State's Attorney of the county in which the obstruction has
25 occurred, together with any transcript, documents, and other
26 physical evidence presented at a the hearing, for prosecution
27 for the chronic obstruction of a grade crossing within the
28 Chicago switching district or any other indicated offense.
29 (e) Chronic obstruction of a grade crossing within the
30 Chicago switching district. A person commits the offense of
31 chronic obstruction of a grade crossing within the Chicago
32 switching district if the person is a railroad officer or
33 director whose managerial duties include the establishment,
-4- LRB9111145DHdvam01
1 maintenance, or supervision of the railroad's routes,
2 traffic, or timetables; or the person is a railroad officer
3 or director whose managerial duties include the supervision
4 of, oversight of, or responsibility for track or other
5 railroad-related construction, maintenance, or improvements
6 at the site of an obstructed grade crossing and:
7 (i) a train or combination of trains subject to that
8 person's supervision, scheduling, direction, or oversight
9 has stopped traffic within the Chicago switching district
10 at the same railroad crossing for 20 minutes or longer on
11 3 or more occasions within a 2 week period; or
12 (ii) a train or combination of trains has stopped
13 traffic within the Chicago switching district at the same
14 railroad crossing for 20 minutes or longer on 3 or more
15 occasions within a 2 week period due to track or other
16 railroad construction, maintenance, or improvements
17 subject to that person's supervision, responsibility, or
18 oversight.
19 The railroad or railroad corporation employing that
20 person is also liable for violations of this Section.
21 A railroad or rail carrier which operates trains or
22 constructs, maintains, or improves track within the Chicago
23 switching district shall be deemed to have given consent to
24 prosecution under this Section of itself and on behalf of
25 officers and directors subject to the provisions of this
26 Section. The officers and directors of that railroad shall
27 also be deemed to have given consent to their prosecution
28 under this Section.
29 Chronic obstruction of a grade crossing within the
30 Chicago switching district is a Class C misdemeanor for the
31 first offense."; and
32 by replacing lines 31 through 34 on page 17 and line 1 on
33 page 18 with the following:
34 "be triple the fine amount of the first offense.".