2001 SESSION

01-0612

04/09

HOUSE BILL 545-FN

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes separate class A misdemeanor offenses for trespass on railroad property and for railroad stowaway.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0612

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subdivision; Railroad Trespass Prevention. Amend RSA 635 by inserting after section 8 the following new subdivision:

Railroad Trespass Prevention

635:9 Trespassing on Railroad Property.

I. A person is guilty of a class A misdemeanor for trespassing on railroad property if that person, without the railroad carrier's consent, except to cross the property at a public highway or other authorized crossing, knowingly enters on the railroad property by:

(a) Standing, sitting, resting, walking, jogging, driving, or operating a vehicle including but not limited to a bicycle, motorcycle, snowmobile, car, or truck; or

(b) Engaging in recreational activity, including, but not limited to bicycling, hiking, fishing, camping, cross-country skiing, or hunting.

II. Notwithstanding RSA 651:2, II(c), a person violating this section shall be subject to imprisonment not to exceed 30 days, a fine not to exceed $100, or both.

635:10 Railroad Stowaway.

I. A person is guilty of a class A misdemeanor if such person, without the railroad carrier's consent, rides on the outside of a train or the inside of a passenger car, freight car including a box car, flatbed, container car, locomotive, or caboose.

II. Notwithstanding RSA 651:2, II(c), a person violating this section shall be subject to imprisonment not to exceed 6 months, a fine not to exceed $1,000, or both.

635:11 Exemptions. The following persons are exempt from the provisions of RSA 635:9 and 635:10:

I. A passenger on a train or an employee of a railroad carrier engaged in the performance of official duties;

II. A police officer, firefighter, or emergency response personnel engaged in the performance of official duties.

III. A person going upon railroad property to rescue a person or an animal or to remove an object that the person reasonably believes to pose an imminent threat.

IV. A person on the station grounds or in the depot of the railroad carrier either as a passenger or for the purpose of transacting lawful business.

V. A person, the person's family or invitees, or the person's employee or independent contractor, going upon a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or works.

VI. A person having written permission from the railroad carrier to go upon railroad property.

VII. A representative of a utility or the department of transportation engaged in the performance of official duties.

VIII. A representative of the Federal Railroad Administration engaged in the performance of official duties.

IX. A representative of the National Transportation Safety Board engaged in the performance of official duties.

635:12 Definitions. In this subdivision:

I. "Passenger" means a person who is traveling by train with lawful authority and who does not participate in the train's operation. "Passenger" does not include a stowaway.

II.(a) "Railroad" means a form of non-highway ground transportation, that runs on rails or electromagnetic guideways, including:

(1) A commuter or other shorthaul railroad passenger service; and

(2) A high-speed ground transportation system.

(b) "Railroad" does not include rapid transit operations that are not connected to the general railroad system.

III. "Railroad carrier" means a person providing railroad transportation.

IV. "Railroad property" means all tangible property owned, leased or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal or any other structure, appurtenance or equipment owned, leased or used in the operation of a railroad carrier including a train, locomotive, engine, railroad car, work equipment, rolling stock or safety device. "Railroad property" does not include a railroad carrier's administrative building or office, office equipment or intangible property such as computer software or other information.

V. "Right-of-way" means the track or roadbed owned, leased or operated by a railroad carrier and 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.

VI. "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.

2 Repeal. RSA 381:14, relative to criminal trespass on railroad property, is repealed.

3 Effective Date. This act shall take effect January 1, 2002.

LBAO

01-0612

2/5/01

HB 545-FN - FISCAL NOTE

FISCAL IMPACT: