BP BHEAD INT S [atlas:bill]

AN ACT Relating to protection of railroad property; amending RCW 81.60.090 and 9A.52.010; adding new sections to chapter 81.60 RCW; adding a new section to chapter 9A.52 RCW; repealing RCW 81.60.070 and 81.60.080; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 81.60.090 and 1961 c 14 s 81.60.090 are each amended to read as follows:

Every person who ((~~shall~~)) buys or receives any of the ((~~property~~)) railroad freight described in ((~~RCW 81.60.080~~)) section 2 of this act, knowing the same to have been stolen, ((~~shall be~~)) is guilty of a class C felony((~~, and upon conviction thereof shall be punished as provided in RCW 81.60.080~~)) punishable according to chapter 9A.20 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 81.60 RCW to read as follows:

Every person who willfully and with intent to permanently deprive the owner, takes or removes railroad freight from any freight car is guilty of a class C felony punishable according to chapter 9A.20 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 81.60 RCW to read as follows:

(1) Every person who commits an act which may cause damage to railroad property or bodily injury to another by:

(a) Placing an object in the path of a locomotive or train;

(b) Vandalizing railroad property;

(d) Impairing the operation of any railroad signal system without consent of the railroad carrier involved;

(e) Interfering or tampering with 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

(f) 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 the consent of the railroad carrier;

is guilty of an offense as provided for in subsections (2) and (3) of this section.

(2) Every person who commits an act in violation of subsection (1) of this section with reckless disregard for railroad property or the safety of others, is guilty of:

(a) A misdemeanor if railroad property damage does not exceed five hundred dollars and bodily injury to another does not result. Upon conviction, the person must pay the railroad carrier involved for any railroad property damaged. Additionally, if community service is available in the jurisdiction where the offense is committed, the person must perform community service for not more than one hundred twenty hours, and upon successful completion of community service, any portion of the term of confinement or fine may be waived by the court;

(b) A class C felony if railroad property damage exceeds five hundred dollars or bodily injury to another results. Upon conviction, in addition to the sentence imposed, the person may be required to pay the railroad carrier involved for the cost to repair any railroad property damaged;

(c) A class B felony if serious bodily injury or death results. Upon conviction, in addition to the sentence imposed, the person may be required to pay the railroad carrier involved for the cost to repair any railroad property damaged;

(3) Every person who commits an act in violation of subsection (1) of this section with willful intent to damage railroad property or endanger the safety of another, is guilty of:

(a) A class C felony if railroad property damage does not exceed five hundred dollars and no bodily injury to another results. Upon conviction, in addition to the sentence imposed, the person is required to pay the railroad carrier involved for the cost to repair any railroad property damaged;

(b) A class B felony if railroad property damage exceeds five hundred dollars or bodily injury or serious bodily injury to another results. Upon conviction, in addition to the sentence imposed, the person may be required to pay the railroad carrier involved for the cost to repair any railroad property damaged;

(c) A class A felony if death results. Upon conviction, in addition to the sentence imposed, the person may be required to pay the railroad carrier involved for the cost to repair any railroad property damaged.

NEW SECTION. Sec. 4. A new section is added to chapter 81.60 RCW to read as follows:

The definitions in this section apply throughout RCW 81.60.090 and sections 2 through 4 of this act unless the context clearly requires otherwise.

(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) "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(a) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and

(b) 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.

(4) "Railroad property" means all property owned, leased, or operated by a railroad carrier, but does not include administrative buildings, administrative offices, or administrative office equipment.

(5) "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.

(6) "Serious bodily injury" means bodily injury which 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.

(7) "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.

NEW SECTION. Sec. 5. The following acts or parts of acts are each repealed:

(1) RCW 81.60.070 and 1992 c 7 s 60 & 1961 c 14 s 81.60.070; and

(2) RCW 81.60.080 and 1992 c 7 s 61 & 1961 c 14 s 81.60.080.

Sec. 6. RCW 9A.52.010 and 1985 c 289 s 1 are each amended to read as follows:

The following definitions apply in this chapter:

(1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;

(2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;

(3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.

A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land;

(4) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer;

(5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data;

(6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means;

(7) "Passengers" means persons who are traveling by train with lawful authority and who do not participate in the train's operation. The term "passengers" does not include stowaways;

(8) "Railroad" means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(a) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and

(b) 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;

(9) "Railroad carrier" means a person providing railroad transportation;

(10) "Railroad property" means all property owned, leased, or operated by a railroad carrier, but does not include administrative buildings, administrative offices, or administrative office equipment;

(11) "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;

(12) "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.

NEW SECTION. Sec. 7. A new section is added to chapter 9A.52 RCW to read as follows:

(1) Every person who, without lawful authority or the railroad carrier's consent, enters or remains upon railroad property except for the purpose of crossing such property at a public highway or other authorized crossing is guilty of a misdemeanor.

(2) Every person who, without lawful authority or the railroad carrier's consent, knowingly rides on the outside or inside of a train is guilty of a misdemeanor.

(3) Subsections (1) and (2) of this section do not apply to:

(a) Passengers on trains, or employees of a railroad carrier while engaged in the performance of official duties;

(b) Police officers, fire fighters, peace officers, and emergency response personnel, while engaged in the performance of their official duties;

(c) A person going upon the railroad property in an emergency to rescue a person or animal or to remove an object that the person reasonably believes to pose an imminent threat to life or limb;

(d) A person on the station ground or in the depot of the railroad carrier as a passenger, or for the purpose of transacting business;

(e) A person, or the person's family, invitee, 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 a land that the person owns, leases, or operates;

(f) A person having written permission from the railroad carrier to go upon the property in question;

(g) Representatives of the state department of transportation or state utilities and transportation commission, the federal railroad administration, or the national transportation safety board while engaged in official duties.