Scalera, Quigley Measure to Increase Safety of Rail Yards Clears Senate Committee

SCALERA/QUIGLEY MEASURE TO INCREASE SAFETY OF RAIL YARDS CLEARS SENATE COMMITTEE

(TRENTON) - The Senate Law and Public Safety Committee today released legislation Assembly members Fred Scalera and Joan M. Quigley sponsored to mitigate potential terrorist attacks on railroads.

Under the Scalera/Quigley measure (A-4138), a person caught trespassing in or upon railroad property with the intent to commit a crime would be charged with burglary, an offense punishable by up to five years in jail and up to $15,000 in fines.

The penalties 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. A similar punishment would be invoked if the offender is armed or appears to be armed. In all other instances, burglary carries penalties of up to five years in jail and $15,000 in fines.

The measure also would create the crime of trespassing on railroad property, punishable by up to 18 months in jail and $10,000 in fines.

"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). "We need to do more to protect our vital transportation infrastructure, and it starts with increasing physical security."

"Unfortunately, we can no longer afford the luxury of passing off a person's unwanted presence at a rail yard as nothing more than an innocent prank or misunderstanding," said Quigley (D-Hudson).  "Everyone needs to understand that unauthorized trespassing near our rail lines will not be tolerated and could result in serious penalties."

The Senate committee unanimously released the measure. It now is poised for a vote by the full Senate.

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