Establishes the crime of unlawful propulsion of a missile at railroad trains in the first degree where the commission of such crime causes a significant disruption to the safe travel of the railroad train.
STATE OF NEW YORK
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7711
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
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Introduced by M. of A. OTIS -- read once and referred to the Committee
on Transportation
AN ACT to amend the railroad law, in relation to the unlawful propulsion
of a missile at railroad trains
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 53-d of the railroad law, as added by chapter 294
2 of the laws of 1976, is amended to read as follows:
3 § 53-d. Unlawful propulsion of a missile at railroad trains. A person
4 is guilty of unlawful propulsion of a missile at a railroad train where
5 he willfully with intent to cause personal injury or property damage
6 throws, shoots or propels a rock, stone, brick, or piece of iron, steel
7 or other metal or any deadly or dangerous missile or fire bomb at any
8 locomotive or car of a train which is occupied by any person or persons.
9 Unlawful propulsion of a missile at a railroad train is a [violation]
10 class A misdemeanor; provided, however, that such classification shall
11 not apply in any case where an offense having a higher classification
12 for the purpose of sentence, is charged under any other provision of
13 law.
14 § 2. The railroad law is amended by adding a new section 53-dd to read
15 as follows:
16 § 53-dd. Unlawful propulsion of a missile at railroad trains in the
17 first degree. A person is guilty of unlawful propulsion of a missile at
18 a railroad train in the first degree when he or she commits the crime of
19 unlawful propulsion of a missile at a railroad train in violation of
20 section fifty-three-d of this article and thereby causes a significant
21 disruption to the safe travel of the railroad train that threatens the
22 physical safety of the railroad train's passengers or crew. Unlawful
23 propulsion of a missile at a railroad train in the first degree is a
24 class D felony; provided, however, that such classification shall not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11235-03-5
A. 7711 2
1 apply in any case where an offense having a higher classification for
2 the purpose of sentence is charged under any other provision of law.
3 § 3. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
