H. B. 2597
(By Delegates Frederick, Trump,
Smirl, Amores and Pino)
[Introduced March 18, 1997; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section forty-three, article three,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to
trespassing on railroad property and facilities; providing
for pedestrian access to public, private or farm crossings
and to portions of railroads not being used for railroad
purposes; criminal penalties; and providing for increased
monetary fines for violations.
Be it enacted by the Legislature of West Virginia:
That section forty-three, article three, chapter sixty-one
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-43. Jumping on or off car or train in motion; driving vehicle upon track or bridge except at crossings;
penalty.
If any person, not a passenger or employee, shall be is found
trespassing upon any railroad, or traction car or train of any
railroad in this state, by jumping on or off any car or train in
motion, on its arrival at or departure from any station or depot
of such the railroad, or on the passage of any such car or train
over any part of such the railroad; or shall drive travels on
foot or drives any horse or any horse-drawn or motor-driven
vehicle across or upon any railroad track or bridge, except at
public, private or farm crossings or upon an abandoned portion of
a railroad which is not being used for railroad purposes,, such
the person so offending shall be deemed is a disorderly person
and is guilty of a misdemeanor and, on upon conviction thereof,
shall be punished by a fine not exceeding twenty-five one hundred
dollars, or by imprisonment in the county or regional jail not
exceeding thirty days, or both fine fined and imprisoned..
Justices of the peace shall Magistrates have concurrent
jurisdiction to try all offenders under this section.
NOTE: The purpose of this bill is to clarify activities
which constitute trespassing upon railroad property or facilities
and to increase the criminal fine for violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.