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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5237 Introduced 2/8/2012, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED:
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Amends the Railroad Obstruction Act. Provides that a person commits the offense of parking a motor vehicle on tracks, a Class 4 felony, when he or she knowingly leaves a motor vehicle on any portion of a railroad track for a period of one hour or more. Provides that a person commits the offense of aggravated parking a motor vehicle on tracks, a Class 2 felony, when he or she commits the offense of parking a motor vehicle on tracks and the violation is a proximate cause of death or great bodily harm to another person. Provides that the new provisions do not apply if a motor vehicle is left on a railroad track because of a mechanical failure, provided that the person in control of the vehicle at the time of the mechanical failure immediately makes a reasonable effort to have the vehicle removed from the track or to notify law enforcement of the location of the vehicle.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5237 | | LRB097 19466 HEP 64719 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Railroad Obstruction Act is amended by |
| 5 | | adding Section 5 as follows:
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| 6 | | (610 ILCS 95/5 new) |
| 7 | | Sec. 5. Parking a motor vehicle on tracks; aggravated |
| 8 | | parking a motor vehicle on tracks. |
| 9 | | (a) A person commits parking a motor vehicle on tracks when |
| 10 | | he or she knowingly leaves a motor vehicle on any portion of a |
| 11 | | railroad track for a period of one hour or more. Parking a |
| 12 | | motor vehicle on tracks is a Class 4 felony. |
| 13 | | (b) A person commits aggravated parking a motor vehicle on |
| 14 | | tracks when he or she violates subsection (a), and the |
| 15 | | violation is a proximate cause of death or great bodily harm to |
| 16 | | another person. Aggravated parking a motor vehicle on tracks is |
| 17 | | a Class 2 felony. |
| 18 | | (c) This Section does not apply if a motor vehicle is left |
| 19 | | on a railroad track because of a mechanical failure, provided |
| 20 | | that the person in control of the vehicle at the time of the |
| 21 | | mechanical failure immediately makes a reasonable effort to |
| 22 | | have the vehicle removed from the track or to notify law |
| 23 | | enforcement of the location of the vehicle.
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