MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Transportation

By: Representative Hamilton, Baker, Barbour, Barnett (116th), Barnett (92nd), Cameron, Creel, Davis, Dedeaux, Eakes, Ellzey, Franks, Hudson, Maples, Mayo, Miles, Moore (100th), Nettles, Pierce, Read, Rotenberry, Shows, Smith (59th), Stringer, Taylor, Ward, Woods

AN ACT TO PRESCRIBE CERTAIN CONDUCT RELATING TO RAILROAD LINES AND RAILROAD PROPERTY AS UNLAWFUL; TO PROVIDE PENALTIES FOR SUCH VIOLATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For purposes of this section, the term "right-of-way" means track, roadbed and adjacent property which would be readily recognizable to a reasonable person as railroad property.

(2) It is unlawful for any person to commit the following acts without first having obtained written permission from the owner or operator of the involved railroad line:

(a) To trespass or otherwise be upon or along the right-of-way or yard of a railroad company other than to pass over the right-of-way or yard within a public or private crossing;

(b) To attempt to board or disembark from a moving freight train;

(c) To damage or deface, or attempt to damage or deface, railroad track, signals, switches, buildings, structures, bridges, rights-of-way, wire lines, motive power, rolling stock or other property;

(d) To dump or cause to be dumped upon railroad right-of-way any waste paper, ashes, sweepings, household wastes, glass, metal, tires, mattresses or other furniture, dangerous substances or any other refuse or rubbish of any kind.

(3) Subsection (2) of this section shall not apply to any of the following:

(a) Railroad passengers who are using those parts of railroad property designated for passenger usage;

(b) Railroad employees engaged in the performance of their duties;

(c) A person going upon the right-of-way or tracks in an effort to save a human being, a farm animal or a domestic pet;

(d) An authorized representative of the railroad employees;

(e) Public officials, such as representatives of the Mississippi Department of Transportation, the Surface Transportation Board, the Federal Railroad Administration and the National Transportation Safety Board, who are engaged in the performance of official duties; and

(f) Representatives of utilities or other agencies with easements across or along the railroad.

(4) The provisions of this section shall not apply to any railroad right-of-way which has been legally abandoned and which is not being used for railroad purposes.

(5) Any person who engages in conduct prohibited by this section assumes the risk of loss, injury or death resulting from or arising out of the prohibited course of conduct engaged in by the perpetrator or an accomplice, and the company owning or operating the involved railroad line, and all officers and employees of such company, shall be immune from and not liable for any civil damages which result from the acts or omissions of the perpetrator or an accomplice.

SECTION 2. (1) (a) Any person who violates subsection (1)(a) of Section 1 of this act shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than twenty-four (24) hours, or by a fine of Twenty-five Dollars ($25.00), or by both such fine and imprisonment.

(b) Any person who violates subsection (b), (c) or (d) of Section 1 of this act shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not more than thirty (30) days, or by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00), or by both such fine and imprisonment. In addition, such person shall be ordered by the court to make restitution to the owners or operators of the railroad line or property in an amount determined by the court to compensate for all costs related to cleanup. SECTION 3. The penalties and relief provided for in this act shall be in addition to all other fines, penalties and punishment as may be prescribed by law for trespass, vandalism or illegal dumping.

SECTION 4. This act shall take effect and be in force from and after July 1, 2001.