H. B. 2536
(By Delegates Craig and Boggs)
[Introduced February 17, 2009; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §61-3-28 of the Code of West Virginia,
1931, as amended, relating to adding language that includes
railcars and locomotives in the category of railroad property
that is illegal to interfere or tamper with.
Be it enacted by the Legislature of West Virginia:
That §61-3-28 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-28. Offenses against railroad property and persons on
railroad property; definitions.
(a) As used in this section:
(1) "Bodily injury" means substantial physical pain, illness
or any impairment of physical injury.
(2) "Railroad" means any form of nonhighway ground
transportation that runs on rails or electromagnetic guideways, including:
(i) Commuter or other short-haul railroad passenger service in
a metropolitan or suburban area; and
(ii) High-speed ground transportation systems that connect
metropolitan areas but does not include rapid transit operations in
an urban area that are not connected to the general railroad system
of transportation;
(3) "Railroad carrier" means a person providing railroad
transportation; railroad carrier including a right-of-way, 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;
(4) "Right-of-way" means the track or roadbed owned, leased,
or operated by a railroad carrier which is located on either side
of its tracks and which is readily recognizable to a reasonable
person as being railroad property or is reasonably identified as
such by fencing or appropriate signs;
(5) "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 rolling stock are
kept when not in use or when awaiting repairs.
(b) Whoever willfully damages or attempts to damage railroad
property or willfully endangers or attempts to endanger the safety
of another, by:
(1) Taking, removing, altering, or otherwise vandalizing a
railroad sign, placard or marker;
(2) Throwing or dropping an object capable of causing
significant damage to railroad property at or on a locomotive,
railroad car or train;
(3) Shooting a firearm or other dangerous weapon at a
locomotive, railroad car or train;
(4) Removing appurtenances from, damaging, or otherwise
impairing the operation of any railroad signal system, including a
train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal, on a railroad
owned, leased, or operated by any railroad carrier, and without
consent of the railroad carrier involved;
(5) Interfering or tampering with, or obstructing in any way,
any
railcar or locomotive, 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
(6) Taking, stealing, removing, changing, adding to, altering, or in any manner interfering with any 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 is guilty of
a felony.
If railroad property damage does not exceed $1,000 and no
bodily injury occurs to another as a result of any of the aforesaid
acts, upon conviction thereof, the person shall be fined not more
than $5,000, confined in a regional jail for not more than one
year, or both. If bodily injury occurs to another not acting with
or in connection with the perpetrator as a result of any of the
aforesaid acts or if railroad property damage exceeds $1,000, upon
conviction thereof, the person shall be fined not more than
$10,000, committed to the custody of the Commission of Corrections
for not less than one nor more than ten years, or both.
(d) The provisions of this section do not apply to any person
employed by a railroad who is performing the duties assigned by the
railroad or who is otherwise performing within the scope of his or
her employment.
NOTE: The purpose of this bill is to add language that
includes railcars and locomotives in the category of railroad
property that is illegal to interfere or tamper with.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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