ASSEMBLY, No. 1584

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  FREDERICK SCALERA

District 36 (Bergen, Essex and Passaic)

Assemblywoman  JOAN M. QUIGLEY

District 32 (Bergen and Hudson)

 

Co-Sponsored by:

Assemblymen Prieto, Caputo and Conners

 

 

 

 

SYNOPSIS

     Criminalizes certain actions in or on railroad property.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning railroad security and amending N.J.S.2C:18-1, N.J.S.2C:18-2 and N.J.S.2C:18-3.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  N.J.S.2C:18-1 is amended to read as follow:

     2C:18-1.  In this chapter, unless a different meaning plainly is required,

     a.  "structure"  means any building, room, ship, vessel, car, vehicle or airplane, and also means any place adapted for overnight accommodation of persons, or for  carrying on business therein, whether or not a person is actually present.

     b.  “railroad property” means, without limitation, any train, locomotive, railroad car, caboose, rail-mounted work equipment, rolling stock work equipment, safety device, switch, electronic signal, microwave communication equipment, connection, railroad track, rail, bridge, trestle, rail yard, right-of-way or another property that is owned, leased, operated or possessed by a railroad.

(cf:  P.L.1980, c.112, s.1)

 

     2.  N.J.S.2C:18-2 is amended to read as follows:

     2C:18-2.  Burglary.  a.  Burglary defined.  A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

     (1)  Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; [or]

     (2)  Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or

     (3)  Trespasses in or upon railroad property.

     b.  Grading.  Burglary is a crime of the second degree if in the course of committing the offense, the actor:

     (1)  Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

     (2)  Is armed with or displays what appear to be explosives or a deadly weapon.

     Otherwise burglary is a crime of the third degree.  An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.

(cf:  P.L.1995, c.20, s.3)


     3.  N.J.S.2C:18-3 is amended to read as follows:

     2C:18-3. a.  Unlicensed entry of structures.  A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any research facility, structure, or separately secured or occupied portion thereof , or in or upon railroad property.  An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property.  The offense is a crime of the fourth degree if it is committed in a dwelling.  An offense under this section is a crime of the fourth degree if it is committed in a research facility, power generation facility, waste treatment facility, public sewage facility, water treatment facility, public water facility, nuclear electric generating plant or any facility which stores, generates or handles any hazardous chemical or chemical compounds.  An offense under this subsection is a crime of the fourth degree if it is committed in or upon railroad property.  Otherwise it is a disorderly persons offense.

     b.    Defiant trespasser.  A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

     (1)   Actual communication to the actor; or

     (2)   Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

     (3)   Fencing or other enclosure manifestly designed to exclude intruders.

     c.     Peering into windows or other openings of dwelling places. A person commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he peers into a window or other opening of a dwelling or other structure adapted for overnight accommodation for the purpose of invading the privacy of another person and under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed.

     d.    Defenses.  It is an affirmative defense to prosecution under this section that:

     (1)   A structure involved in an offense under subsection a. was abandoned;

     (2)   The structure was at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the structure; or

     (3)   The actor reasonably believed that the owner of the structure, or other person empowered to license access thereto, would have licensed him to enter or remain, or, in the case of subsection c. of this section, to peer.

     e.  The provisions of this section shall not apply to:

     (1)  a person lawfully using a public or private railroad crossing; or

     (2)  a person representing, or seeking to represent, the employees of the railroad, as authorized by, and in accordance with, the provisions of the Railway Labor Act.

(cf: P.L.2005, c.100)

 

     4.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill amends the current burglary statute to include the act of trespassing in or upon railroad property with the purpose to commit an offense. Burglary is a crime of the second degree if the actor (1) purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury or (2) is armed or appears to be armed.  A crime of the second degree is punishable by a fine of up to $150,000; imprisonment for a term of five to 10 years; or both.  In all other cases, it is a crime of the third degree, which is punishable by a fine of up to $15,000; imprisonment for a term of three to five years; or both.

     This bill also establishes the unlicensed entry of railroad property as a crime of the fourth degree.  A person commits this crime if he unlawfully enters or surreptitiously remains in or on railroad property.  A crime of the fourth degree is punishable by a fine of up to $10,000; imprisonment for a term of up to 18 months; or both.