January 28, 2008 - 3:00pm
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SCALERA/QUIGLEY RAIL YARD SAFETY BILL CLEARS ASSEMBLY COMMITTEE

Assembly Democrats News Release

SCALERA/QUIGLEY RAIL YARD SAFETY BILL CLEARS ASSEMBLY COMMITTEE

(TRENTON) - The Assembly Homeland Security and State Preparedness 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-929), 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 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. A similar punishment would be invoked if the offender is armed or appears to be armed.

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), the chairman of the Assembly Homeland Security and State Preparedness Committee. "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 committee released the measure by a vote of 5 to 0.  The bill now heads to the Assembly Speaker, who decides if and when to post it for a floor vote.

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JOHN DUTHIE can be reached via email at duthiejo@gmail.com.