Full Text of HB4987 96th General Assembly
HB4987ham001 96TH GENERAL ASSEMBLY
|
Judiciary II - Criminal Law Committee
Filed: 3/4/2010
|
|
09600HB4987ham001 |
|
LRB096 17720 AJT 37459 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 4987
| 2 |
| AMENDMENT NO. ______. Amend House Bill 4987 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing 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 |
|
|
|
09600HB4987ham001 |
- 2 - |
LRB096 17720 AJT 37459 a |
|
| 1 |
| operation of any railroad carrier,
locomotive,
car, or | 2 |
| train, or shoots, throws, or drops any object onto or at | 3 |
| any train,
locomotive, or car; | 4 |
| (ii) willfully and with intent to permanently deprive
| 5 |
| the owner
thereof, taken or
removed railroad freight from | 6 |
| any freight car, including a boxcar, container,
or flatbed; | 7 |
| or | 8 |
| (iii) bought or received any of the railroad freight | 9 |
| described in
item (ii), having
reason to know that such | 10 |
| freight was stolen ; or . | 11 |
| (iv) willfully placed upon an active railroad track or | 12 |
| railroad right of way any object or objects that would | 13 |
| adversely affect safe railroad operations. | 14 |
| (b) Penalties. | 15 |
| (1) If the railroad property damage does not exceed | 16 |
| $500 and no bodily
injury
occurs to another
as a result | 17 |
| of a violation of this Section, the person shall be | 18 |
| guilty
of a Class
A misdemeanor.
Upon being found in | 19 |
| violation of item (i) of subsection (a), the person | 20 |
| shall,
in addition to
such other
sanctions as may be | 21 |
| deemed appropriate by the court, be subject to pay the
| 22 |
| railroad carrier
involved the cost to repair any | 23 |
| railroad property damaged, and to perform
community
| 24 |
| service for not less than 30 hours or more than 120 | 25 |
| hours. If community
service is not
available in the | 26 |
| jurisdiction where the offense was committed, that |
|
|
|
09600HB4987ham001 |
- 3 - |
LRB096 17720 AJT 37459 a |
|
| 1 |
| person
shall be subject to
pay a fine of not less than | 2 |
| $150 or more than $1,000, or imprisonment for not
less | 3 |
| than 5
days or more than 1 year, or both. If railroad | 4 |
| property damage exceeds $500 or
bodily injury
occurs to | 5 |
| another as a result of a violation of this Section, the | 6 |
| person shall
be
guilty of a Class
4 felony. Upon being | 7 |
| found in violation of item (i) of subsection (a), the
| 8 |
| person shall, in addition to such
other sanctions as | 9 |
| may be deemed appropriate by the court, be subject to | 10 |
| pay
the railroad
carrier involved for the cost to | 11 |
| repair any railroad property damaged, and
shall
be | 12 |
| fined not
less than $1,000, nor more than $25,000, or | 13 |
| imprisonment for not less than 1
year, or more
than 3 | 14 |
| 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 a | 17 |
| Class
2 felony
and shall, in addition to such sanctions | 18 |
| as
may be deemed
appropriate by the court, be subject | 19 |
| to pay the railroad carrier involved the
cost to repair
| 20 |
| any railroad property damaged, and shall be fined not | 21 |
| less than $5,000 nor more
than $25,000,
or imprisonment | 22 |
| for not less than 3 years nor more than 7 years, or | 23 |
| both. If any
such action is malicious and is the cause | 24 |
| of wrecking any train,
locomotive, or car in this State | 25 |
| whereby the life of any person
is lost, the person | 26 |
| found guilty thereof shall be liable for
first degree |
|
|
|
09600HB4987ham001 |
- 4 - |
LRB096 17720 AJT 37459 a |
|
| 1 |
| murder and the person shall be subject to pay the | 2 |
| railroad
carrier
involved the cost to repair any | 3 |
| railroad property damaged. | 4 |
| (2) Upon being found in violation of item (ii) , or | 5 |
| (iii), or (iv) the person
shall be guilty of a
Class 4 | 6 |
| felony. In addition to such other sanctions as may be | 7 |
| deemed
appropriate
by the court, the person
shall be | 8 |
| subject to pay the railroad carrier involved for the | 9 |
| cost to repair
any railroad
property damaged, and shall | 10 |
| be fined not less than $1,000, nor more than
$25,000,
| 11 |
| or
imprisoned for not less than 1 year nor more than 3 | 12 |
| years. | 13 |
| (3) Local authorities shall impose fines as | 14 |
| established in this
subsection
(b) for persons
found in | 15 |
| violation of this Section or any similar local | 16 |
| ordinance. | 17 |
| (c) Definitions. As used in this Section: | 18 |
| "Bodily injury" means: | 19 |
| (i) a cut, abrasion, bruise, bump, or disfigurement; | 20 |
| (ii) physical pain; | 21 |
| (iii) illness; | 22 |
| (iv) impairment of the function of a bodily
member, | 23 |
| organ, or mental
faculty; or | 24 |
| (v) any other injury to the body, no matter how
| 25 |
| temporary. | 26 |
| "Railroad" means any form of nonhighway ground |
|
|
|
09600HB4987ham001 |
- 5 - |
LRB096 17720 AJT 37459 a |
|
| 1 |
| transportation that runs on
rails or
electromagnetic | 2 |
| guideways, including: | 3 |
| (i) commuter or other short-haul railroad passenger | 4 |
| service in a
metropolitan
or
urban area; and | 5 |
| (ii) high-speed ground transportation systems that | 6 |
| connect metropolitan
areas, but
does not include rapid | 7 |
| transit operations in an urban area that are not
connected | 8 |
| to the
general railroad system of transportation. | 9 |
| "Railroad carrier" means a person providing railroad | 10 |
| transportation. | 11 |
| "Railroad property" means all tangible property owned, | 12 |
| leased, or operated
by a railroad
carrier including a right of | 13 |
| way, track, bridge, yard, shop, station, tunnel,
viaduct, | 14 |
| trestle,
depot, warehouse, terminal, or any other structure, | 15 |
| appurtenance, or equipment
owned, leased,
or used in the | 16 |
| operation of any railroad carrier including trains, | 17 |
| locomotives,
engines, railroad
cars, work equipment, rolling | 18 |
| stock, or safety devices. "Railroad property"
does
not include | 19 |
| a
railroad carrier's administrative buildings or offices, | 20 |
| office equipment, or
intangible property
such as software or | 21 |
| other information. | 22 |
| "Right of way" means the track or roadbed
owned, leased, or | 23 |
| operated by a rail carrier that is located on either side
of | 24 |
| its tracks
and that is readily recognizable to a reasonable | 25 |
| person as being railroad
property or is
reasonably identified | 26 |
| as such by fencing or appropriate signs. |
|
|
|
09600HB4987ham001 |
- 6 - |
LRB096 17720 AJT 37459 a |
|
| 1 |
| "Yard" means a system of parallel tracks, crossovers, and | 2 |
| switches where
railroad cars are
switched and made up into | 3 |
| trains, and where railroad cars, locomotives, and
other rolling
| 4 |
| stock is kept when not in use or when awaiting repair. | 5 |
| "Serious bodily injury" means bodily injury that involves: | 6 |
| (i) a substantial risk of death; | 7 |
| (ii) extreme physical pain; | 8 |
| (iii) protracted and obvious disfigurement; or | 9 |
| (iv) protracted loss or impairment of the function of a | 10 |
| bodily member,
organ,
or mental faculty. | 11 |
| (Source: P.A. 90-691, eff. 1-1-99; 91-532, eff. 1-1-00.)".
|
|