SCALERA/QUIGLEY BILL INCREASING SAFETY OF RAIL YARDS CLEARS COMMITTEE

(TRENTON) - Legislation Assembly members Fred Scalera and Joan M. Quigley sponsored to mitigate potential terrorist targeting of railroads was released today by the Assembly Law and Public Safety Committee.

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 $15,000 in fines. The penalties 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 or 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, because of their 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). "These vital pieces of infrastructure need to be protected in a dynamic way that starts with increasing their 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 committee released the measure by a vote of 6 to 0. It now heads to the Assembly Speaker, who decides if and when to post it for a floor vote.

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