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Second Regular Session

Sixty-first General Assembly

LLS NO. 980595.01D PLC HOUSE BILL 981330

STATE OF COLORADO

BY REPRESENTATIVE Kaufman;

also SENATOR Dennis.

JUDICIARY

A BILL FOR AN ACT

CONCERNING OFFENSES COMMITTED AGAINST RAILROAD PROPERTY.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Makes a conviction of trespassing on railroad property a class 3 misdemeanor and defines the acts that constitute trespassing.

Makes conviction of an act that constitutes intentional or reckless disregard for railroad property and the safety of another an offense. If damage does not exceed $500 and no bodily injury occurs, the act is a misdemeanor. If damage is more than $500 or bodily injury occurs, the act is a felony.

Provides that convictions of theft of railroad freight from any freight car and receiving stolen freight are felonies.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 4 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW PART to read:

PART 8

OFFENSES AGAINST RAILROAD PROPERTY

184801. Definitions. FOR PURPOSES OF THIS PART 8, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "BODILY INJURY" MEANS:

(a) A CUT, ABRASION, BRUISE, BURN, OR DISFIGUREMENT;

(b) PHYSICAL PAIN;

(d) IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER, ORGAN, OR MENTAL FACULTY; OR

(e) ANY OTHER INJURY TO THE BODY, NO MATTER HOW TEMPORARY.

(2) "PASSENGER" MEANS A PERSON WHO IS TRAVELING BY TRAIN WITH PERMISSION OF THE RAILROAD CARRIER AND WHO DOES NOT PARTICIPATE IN THE TRAIN'S OPERATION. "PASSENGER" DOES NOT INCLUDE A PERSON WHO SECRETS THEMSELVES ABOARD A TRAIN WITHOUT THE PERMISSION OF THE RAILROAD CARRIER OR LAWFUL AUTHORITY.

(3) "RAILROAD" MEANS ANY FORM OF NONHIGHWAY GROUND TRANSPORTATION THAT RUNS ON RAILS OR ELECTROMAGNETIC GUIDE WAYS INCLUDING:

(a) COMMUTER OR OTHER SHORTHAUL RAILROAD PASSENGER SERVICE IN A METROPOLITAN OR SUBURBAN AREA; AND

(b) HIGHSPEED GROUND TRANSPORTATION SYSTEMS THAT CONNECT METROPOLITAN AREAS BUT DO NOT INCLUDE RAPID TRANSIT OPERATIONS IN AN URBAN AREA THAT ARE NOT CONNECTED TO THE GENERAL RAILROAD SYSTEM OF TRANSPORTATION.

(4) "RAILROAD CARRIER" MEANS A PERSON PROVIDING RAILROAD TRANSPORTATION.

(5) "RAILROAD PROPERTY" MEANS ALL PROPERTY OWNED, LEASED, OR OPERATED BY A RAILROAD CARRIER INCLUDING A RIGHTOFWAY, TRACK, BRIDGE, YARD, SHOP, STATION, TUNNEL, VIADUCT, TRESTLE, DEPOT, WAREHOUSE, TERMINAL, RAILROAD SIGNAL SYSTEM, TRAIN CONTROL SYSTEM, CENTRALIZED DISPATCHING SYSTEM, OR ANY OTHER STRUCTURE, APPURTENANCE, OR EQUIPMENT OWNED, LEASED, OR USED IN THE OPERATION OF ANY RAILROAD CARRIER INCLUDING A TRAIN, LOCOMOTIVE, ENGINE, RAILROAD CAR, WORK EQUIPMENT, ROLLING STOCK, OR SAFETY DEVICE. "RAILROAD PROPERTY" DOES NOT INCLUDE ADMINISTRATIVE BUILDINGS, ADMINISTRATIVE OFFICES, OR ADMINISTRATIVE OFFICE EQUIPMENT.

(6) "RIGHTOFWAY" MEANS THE TRACK OR ROADBED OWNED, LEASED, OR OPERATED BY A RAILROAD 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.

(7) "SERIOUS BODILY INJURY" MEANS BODILY INJURY THAT INVOLVES:

(a) A SUBSTANTIAL RISK OF DEATH;

(b) EXTREME PHYSICAL PAIN;

(d) PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER, ORGAN, OR MENTAL FACULTY.

(8) "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 TOLLING STOCK ARE KEPT WHEN NOT IN USE OR WHEN AWAITING REPAIRS.

184802. Trespassing on railroad property. (1) A PERSON COMMITS AN ACT OF TRESPASSING ON RAILROAD PROPERTY WHEN SUCH PERSON, WITHOUT LAWFUL AUTHORITY OR THE RAILROAD CARRIER'S CONSENT, KNOWINGLY ENTERS OR REMAINS UPON RAILROAD PROPERTY BY AN ACT THAT INCLUDES BUT IS NOT LIMITED TO:

(a) STANDING, SITTING, RESTING, JOGGING, RUNNING, DRIVING, OR OPERATING A RECREATIONAL OR NONRECREATIONAL VEHICLE, INCLUDING, BUT NOT LIMITED TO, A BICYCLE, MOTORCYCLE, SNOWMOBILE, CAR, OR TRUCK; OR

(b) ENGAGING IN ANY RECREATIONAL ACTIVITY, INCLUDING, BUT NOT LIMITED TO, BICYCLING, HIKING, FISHING, CAMPING, CROSSCOUNTRY SKIING, OR HUNTING.

(2) A PERSON DOES NOT COMMIT AN ACT OF TRESPASSING ON RAILROAD PROPERTY WHEN SUCH PERSON ENTERS RAILROAD PROPERTY FOR THE SOLE PURPOSE OF CROSSING SUCH RAILROAD PROPERTY AT A PUBLIC HIGHWAY OR OTHER AUTHORIZED CROSSING.

(3) A PERSON COMMITS AN ACT OF TRESPASSING ON RAILROAD PROPERTY WHEN SUCH PERSON, WITHOUT LAWFUL AUTHORITY OR THE RAILROAD CARRIER'S CONSENT, RIDES ON THE OUTSIDE OF A TRAIN OR INSIDE A PASSENGER CAR, LOCOMOTIVE, FREIGHT CAR, BOX CAR, FLATBED, OR CONTAINER OF A TRAIN.

(4) FOR PURPOSES OF THIS SECTION, PERSONS WITH LAWFUL AUTHORITY ARE:

(a) PASSENGERS ON TRAINS, OR EMPLOYEES OF A RAILROAD CARRIER WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES;

(b) POLICE OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY RESPONSE PERSONNEL, WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES;

(c) PERSONS ON THE STATION GROUNDS OR IN THE DEPOT OF THE RAILROAD CARRIER AS PASSENGERS, OR FOR THE PURPOSE OF TRANSACTING LAWFUL BUSINESS;

(d) PERSONS, FAMILY, OR INVITEES OF SUCH PERSONS, OR EMPLOYEES OR INDEPENDENT CONTRACTORS OF SUCH PERSONS GOING UPON A RAILROAD'S RIGHTOFWAY FOR THE PURPOSE OF CROSSING AT A PRIVATE CROSSING SITE APPROVED BY THE RAILROAD CARRIER TO OBTAIN ACCESS TO PRIVATE PROPERTY OWNED, LEASED, OR OPERATED BY SUCH PERSONS;

(e) PERSONS WHO HAVE WRITTEN PERMISSION FROM THE RAILROAD CARRIER TO GO UPON THE RAILROAD PROPERTY IN QUESTION;

(f) REPRESENTATIVES OF ANY AGENCY OF THE STATE WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES;

(g) REPRESENTATIVES OF THE FEDERAL RAILROAD ADMINISTRATION WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES; OR

(h) REPRESENTATIVES OF THE NATIONAL TRANSPORTATION SAFETY BOARD WHILE ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.

(5) TRESPASSING ON RAILROAD PROPERTY IS A CLASS 3 MISDEMEANOR.

184803. Vandalism of railroad property reckless disregard. (1) A PERSON IS GUILTY OF AN OFFENSE AS SPECIFIED PURSUANT TO SUBSECTION (2) OF THIS SECTION IF SUCH PERSON, WITH RECKLESS DISREGARD FOR RAILROAD PROPERTY OR THE SAFETY OF ANOTHER, COMMITS AN ACT THAT MAY CAUSE DAMAGE TO RAILROAD PROPERTY OR BODILY INJURY TO ANOTHER, INCLUDING, BUT NOT LIMITED TO:

(a) PLACING A SMALL OBJECT, SUCH AS A COIN, TOKEN, BOTTLE CAP, BOTTLE, OR CAN ON A RAILROAD TRACK OR RAIL, OR DROPPING OR THROWING AN OBJECT, SUCH AS AN EGG OR WATER BALLOON, AT A LOCOMOTIVE, RAILROAD CAR, OR TRAIN;

(b) TAKING, REMOVING, DEFACING, ALTERING, MARKING WITH GRAFFITI, OR OTHERWISE VANDALIZING A RAILROAD SIGN, PLACARD, OR MARKER;

(d) DROPPING A BRICK OR OTHER DANGEROUS OBJECT FROM A BRIDGE OR OTHER OVERPASS ONTO A RAILROAD RIGHTOFWAY;

(e) SHOOTING A FIREARM OR OTHER DANGEROUS WEAPON AT A LOCOMOTIVE, RAILROAD CAR, OR TRAIN;

(f) REMOVING APPURTENANCES FROM, DAMAGING, OR OTHERWISE IMPAIRING THE OPERATION OF ANY RAILROAD SIGNAL SYSTEM, INCLUDING A TRAIN CONTROL SYSTEM, CENTRALIZED DISPATCHING SYSTEM, OR HIGHWAYRAILROAD GRADE CROSSING WARNING SIGNAL ON A RAILROAD OWNED, LEASED, OR OPERATED BY ANY RAILROAD CARRIER, WITHOUT CONSENT OF THE RAILROAD CARRIER INVOLVED;

(g) INTERFERING OR TAMPERING WITH, OR OBSTRUCTING IN ANY WAY, ANY SWITCH, FROG, RAIL, ROADBED, SLEEPER, VIADUCT, BRIDGE, TRESTLE, CULVERT, EMBANKMENT, STRUCTURE, OR APPLIANCE PERTAINING TO OR CONNECTED WITH ANY RAILROAD CARRIER WITHOUT CONSENT OF THE RAILROAD CARRIER INVOLVED; OR

(h) TAKING, STEALING, REMOVING, CHANGING, ADDING TO, ALTERING, OR IN ANY MANNER INTERFERING WITH ANY JOURNAL BEARING, BRASS, WASTE, PACKING, TRIPLE VALVE, PRESSURE COCK, BRAKE, AIR HOSE, OR ANY OTHER PART OF THE OPERATING MECHANISM OF ANY LOCOMOTIVE ENGINE, TENDER, COACH, CAR, CABOOSE, OR MOTOR CAR USED OR CAPABLE OF BEING USED BY ANY RAILROAD CARRIER IN THIS STATE WITHOUT CONSENT OF THE RAILROAD CARRIER.

(2) (a) IF RAILROAD PROPERTY DAMAGE DOES NOT EXCEED FIVE HUNDRED DOLLARS AND NO BODILY INJURY OCCURS TO ANOTHER AS A RESULT OF ANY OF THE ACTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE PERSON IS GUILTY OF A MISDEMEANOR. UPON CONVICTION OF SUCH OFFENSE, THE PERSON SHALL BE SUBJECT TO PAY THE RAILROAD CARRIER INVOLVED THE COST TO REPAIR ANY RAILROAD PROPERTY DAMAGED AS RESTITUTION AND TO PERFORM COMMUNITY SERVICE FOR NOT MORE THAN ONE HUNDRED TWENTY HOURS, IF COMMUNITY SERVICE IS AVAILABLE IN THE JURISDICTION WHERE THE OFFENSE WAS COMMITTED. IF COMMUNITY SERVICE IS NOT AVAILABLE IN THE JURISDICTION WHERE THE OFFENSE WAS COMMITTED, THE PERSON SHALL BE SUBJECT TO PAY THE RAILROAD CARRIER INVOLVED THE COST TO REPAIR ANY RAILROAD PROPERTY DAMAGED AS RESTITUTION AND BE FINED NOT MORE THAN FIVE HUNDRED DOLLARS, IMPRISONED FOR NOT MORE THAN SIX MONTHS, OR BOTH.

(b) (I) IF RAILROAD PROPERTY DAMAGE EXCEEDS FIVE HUNDRED DOLLARS OR BODILY INJURY OCCURS TO ANOTHER AS A RESULT OF ANY OF THE ACTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE PERSON IS GUILTY OF A FELONY. UPON CONVICTION OF SUCH OFFENSE, THE PERSON MAY BE SUBJECT TO PAY THE RAILROAD CARRIER INVOLVED FOR THE COST TO REPAIR ANY RAILROAD PROPERTY DAMAGED AS RESTITUTION AND SHALL BE FINED NOT MORE THAN TEN THOUSAND DOLLARS, IMPRISONED FOR NOT MORE THAN TEN YEARS, OR BOTH.

(II) IF SERIOUS BODILY INJURY OR DEATH OCCURS TO ANOTHER AS A RESULT OF THE ACTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE PERSON IS GUILTY OF A FELONY. UPON CONVICTION OF SUCH OFFENSE, THE PERSON MAY BE SUBJECT TO PAY THE RAILROAD CARRIER INVOLVED THE COST TO REPAIR ANY RAILROAD PROPERTY DAMAGED AS RESTITUTION AND SHALL BE FINED NOT MORE THAN TWENTY THOUSAND DOLLARS, IMPRISONED FOR NOT MORE THAN TWENTY YEARS, OR BOTH.

184804. Vandalism to railroad property willful. (1) A PERSON IS GUILTY OF AN OFFENSE AS SPECIFIED PURSUANT TO SUBSECTION (2) OF THIS SECTION IF SUCH PERSON WILFULLY DAMAGES OR ATTEMPTS TO DAMAGE RAILROAD PROPERTY OR WILFULLY ENDANGERS OR ATTEMPTS TO ENDANGER THE SAFETY OF ANOTHER, BY AN ACT INCLUDING, BUT NOT LIMITED TO:

(a) TAKING, REMOVING, DEFACING, ALTERING, MARKING WITH GRAFFITI, OR OTHERWISE VANDALIZING A RAILROAD SIGN, PLACARD, OR MARKER;

(b) THROWING A ROCK, BASEBALL, OR OTHER DANGEROUS OBJECT AT A LOCOMOTIVE, RAILROAD CAR, OR TRAIN;

(d) SHOOTING A FIREARM OR OTHER DANGEROUS WEAPON AT A LOCOMOTIVE, RAILROAD CAR, OR TRAIN;

(e) REMOVING APPURTENANCES FROM, DAMAGING, OR OTHERWISE IMPAIRING THE OPERATION OF ANY RAILROAD SIGNAL SYSTEM, INCLUDING A TRAIN CONTROL SYSTEM, CENTRALIZED DISPATCHING SYSTEM, OR HIGHWAYRAILROAD GRADE CROSSING WARNING SIGNAL, ON A RAILROAD OWNED, LEASED, OR OPERATED BY ANY RAILROAD CARRIER AND WITHOUT CONSENT OF THE RAILROAD CARRIER INVOLVED;

(f) INTERFERING OR TAMPERING WITH, OR OBSTRUCTING IN ANY WAY, ANY SWITCH, FROG, RAIL, ROADBED, SLEEPER, VIADUCT, BRIDGE, TRESTLE, CULVERT, EMBANKMENT, STRUCTURE, OR APPLIANCE PERTAINING TO OR CONNECTED WITH ANY RAILROAD CARRIER WITHOUT CONSENT OF THE RAILROAD CARRIER INVOLVED; OR

(g) TAKING, STEALING, REMOVING, CHANGING, ADDING TO, ALTERING, OR IN ANY MANNER INTERFERING WITH ANY JOURNAL BEARING, BRASS, WASTE, PACKING, TRIPLE VALVE, PRESSURE COCK, BRAKE, AIR HOSE, OR ANY OTHER PART OF THE OPERATING MECHANISM OF ANY LOCOMOTIVE, ENGINE, TENDER, COACH, CAR, CABOOSE, OR MOTOR CAR USED OR CAPABLE OF BEING USED BY ANY RAILROAD CARRIER IN THIS STATE WITHOUT CONSENT OF THE RAILROAD CARRIER.

(II) IF SERIOUS BODILY INJURY OR DEATH OCCURS TO ANOTHER AS A RESULT OF ANY OF THE ACTS SPECIFIED IN SUBSECTION (1) OF THIS SECTION, THE PERSON IS GUILTY OF A FELONY. UPON CONVICTION OF SUCH OFFENSE, THE PERSON MAY BE SUBJECT TO PAY THE RAILROAD CARRIER INVOLVED THE COST TO REPAIR ANY RAILROAD PROPERTY DAMAGED AS RESTITUTION AND SHALL BE FINED NOT MORE THAN TWENTY THOUSAND DOLLARS, IMPRISONED FOR NOT MORE THAN TWENTY YEARS, OR BOTH.

184805. Theft of railroad freight. A PERSON WHO, WILLFULLY AND WITH INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF, TAKES OR REMOVES RAILROAD FREIGHT FROM ANY FREIGHT CAR, INCLUDING A BOXCAR, CONTAINER, OR FLATBED, IS GUILTY OF A FELONY. UPON CONVICTION OF SUCH OFFENSE, THE PERSON SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, IMPRISONED FOR NOT MORE THAN FIVE YEARS, OR BOTH.

184806. Receiving stolen railroad freight. A PERSON WHO BUYS OR RECEIVES ANY RAILROAD FREIGHT AND HAS REASON TO KNOW THAT SUCH FREIGHT HAS BEEN STOLEN IS GUILTY OF A FELONY. UPON CONVICTION OF SUCH OFFENSE, THE PERSON SHALL BE FINED NOT MORE THAN FIVE THOUSAND DOLLARS, IMPRISONED FOR NOT MORE THAN FIVE YEARS, OR BOTH.

SECTION 2. Effective date applicability. This act shall take effect July 1, 1998, and shall apply to all railroad property offenses committed on or after said date.

SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.