Act No. 386

Public Acts of 2020

Approved by the Governor

January 4, 2021

Filed with the Secretary of State

January 4, 2021

EFFECTIVE DATE: March 24, 2021

 

 

 

 

 

 

 

 

state of michigan

100th Legislature

Regular session of 2020

Introduced by Reps. O’Malley, Yancey, Lasinski, Brenda Carter, Tyrone Carter, Hope, Whitsett, Hood, Sneller, Sabo, Warren, Sowerby, Cambensy, Clemente, Cherry, Manoogian, Kuppa, Stone, Hoadley, Brann, Guerra, Gay-Dagnogo, Kahle, Wozniak, Brixie, Peterson, Bolden, Meerman, Ellison, Wittenberg, Hammoud, Kennedy and Cynthia Johnson

ENROLLED HOUSE BILL No. 5857

AN ACT to amend 1993 PA 354, entitled “An act to revise, consolidate, and codify the laws relating to railroads and their employees; to prescribe powers and duties of certain state and local agencies and officials; to prescribe fees; to create certain funds; to provide for the disposition of certain money; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sections 257 and 267 (MCL 462.257 and 462.267).

The People of the State of Michigan enact:

Sec. 257. (1) A person who causes or attempts to cause the derailment of an engine, cars, or track vehicle used on railroad tracks by placing an impediment on the track of a railroad, whether the engine, cars, or track vehicle are thrown from the track or not, or who by any other means whatsoever willfully endangers or attempts to endanger the lives of persons engaged in the work of the railroad, or persons traveling on the engine or cars of the railroad, is guilty of a felony punishable by imprisonment for life or any term of years, in the discretion of the court. It is not necessary for the people to allege or prove that the person intended to injure or endanger the life of any particular person or persons.

(2) A person who throws a stone, brick, or other missile at a train or track vehicle is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or imprisonment for not more than 90 days, or both.

 

Sec. 267. (1) A person not authorized by a railroad company shall not destroy, remove, change, extinguish, or tamper with any light or banner attached to or connected with any switch or derailing device maintained by a railroad company.

(2) A person who violates this section is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00 or by imprisonment for not more than 60 days.

 

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

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Governor