"New Jersey's State Legislature is giving police some pretty broad powers -- trespassing can be defined as what a cop defines it as under this law -- there are NO exceptions for public areas, for example.
And you better check the property deeds down at the recorders office before going out and taking pictures . . . . You never know when that public street is merely an easement."
Jim (CRRNJ@yahoogroups.com)
From the Star-Ledger:
A bill to prevent terror attacks on railroads by making a person convicted of trespassing on railroad property guilty of burglary was approved by the Assembly yesterday.
Sponsored by Assemblyman Fred Scalera and Assemblywoman Joan Quigley, the bill (A929) would subject anyone trespassing on railroad property to up to five years in prison and $15,000 in fines.
The maximum penalty would rise to 10 years in jail and $150,000 in fines if the offender purposely, knowingly, or recklessly inflicts, attempts to inflict or threatens to inflict bodily harm.
"Railroads and rail yards, by their very design, are hard to secure and are more vulnerable to criminals and the threat of terrorist attacks than other modes of transportation," said Scalera (D-Essex), the chairman of the Assembly Homeland Security and State Preparedness Committee.
The Assembly passed the measure 76-0 and now heads to the Senate.
Now my comments.
Go to this web site to read the text of Bill A929. You will find a box to enter this bill number on the right side of the page. http://www.njleg.state.nj.us/
I think the Star-Ledger article did not explain this bill well. The legislators have added text to the NJ state criminal code covering burglary. If you look at the bill on the web site the added text is underlined.
As I see it, they have added a definition of "railroad property," then they shoehorned "trespass in or upon railroad property" into the definition of burglary. Also, it appears to me that they have made this "trespassing" a fourth degree crime as opposed to burglary which could be a second or third degree crime. The more serious burglary crimes have the stiffer penalties which is where the $15,000 and 5 years come in. Finally, they have included an exemption to this law as follows: "a person lawfully using a public or private railroad crossing."
They have not exempted public railroad stations and platforms, so, in theory, a cop could arrest you for "trespassing" while waiting for a train or even for riding in a passenger car; but that doesn't seem likely to me. Here's the reason: burglary is committed if you have the "purpose to commit an offense," i.e. some crime beyond the act of trespassing. If you are waiting for a train or riding a train you probably do not have the purpose to commit an offense.
Bottom line: I don't think this legislation is the best way to address the problem; it will not deter any terrorist, and it probably won't stop the graffitti artist either. It could lead to haressment of railfans, but I doubt there will be any convictions of railfans under this law.