Senate Bill 3020

AN ACT TO AMEND SECTIONS 97-25-4, 97-25-5 AND 97-25-35, MISSISSIPPI CODE OF 1972, TO INCREASE PENALTIES AND REQUIRE RESTITUTION FOR CERTAIN CRIMES RELATING TO RAILROAD PROPERTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-25-4, Mississippi Code of 1972, is amended as follows:

97-25-4. (1) Except as otherwise provided in subsection (2) of this section, it shall be unlawful for any person to do any of the following acts without first having obtained written permission from the owner or operator of the railroad line:

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

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

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

(2) Subsection (1) of this section shall not apply to:

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

(b) Representatives of utilities or other agencies with easements across or along the railroad in the performance of their duties.

(3) Any person who violates the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, be punished by imprisonment for not more than thirty (30) days or by a fine of not less than One Hundred Dollars ($100.00) but not more than Four Hundred Dollars ($400.00), or both, and may be required to pay any clean-up costs. In addition, any person who is convicted for a violation of subsection (1)(b) or subsection (1)(c) of this section 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 damages caused by such person and all costs related to cleanup necessitated as a result of such person's unlawful conduct.

(4) The penalties provided for in this section shall be in addition to any other penalties provided by law for the same or similar acts.

(5) As used in 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.

SECTION 2. Section 97-25-5, Mississippi Code of 1972, is amended as follows:

97-25-5. If any person shall wilfully obliterate, injure or destroy any railroad-gate, warning signals, cattle-gap or any board or sign erected or maintained by a railroad company in pursuance of law, he shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not exceeding three (3) months, or both. In addition, any person who is convicted for a violation of this section 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 damages caused by such person and all costs related to cleanup necessitated as a result of such person's unlawful conduct.

SECTION 3. Section 97-25-35, Mississippi Code of 1972, is amended as follows:

97-25-35. If any person shall maliciously remove, take, steal, change or in any manner interfere with any railroad transmission line, signaling device, microwave tower or any of the parts or attachments belonging to any communication or signaling device owned, leased or used by any railroad or transportation company, he shall, on conviction, be fined not more than Three Thousand Dollars ($3,000.00), or shall be imprisoned not more than five (5) years, or both. In addition, any person who is convicted for a violation of this section 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 damages caused by such person and all costs related to cleanup necessitated as a result of such person's unlawful conduct.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.