Calendar No. 643
115th CONGRESS 2d Session |
[Report No. 115–356]
To prosecute, as a Federal crime, the assault or intimidation of a passenger train crew member to the same extent as such actions against aircraft crew members are prosecuted.
May 16, 2018
Ms. Duckworth (for herself and Mr. Hoeven) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
November 14, 2018
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
To prosecute, as a Federal crime, the assault or intimidation of a passenger train crew member to the same extent as such actions against aircraft crew members are prosecuted.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Interference with passenger train crew members.
(a) In general.—Chapter 281 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 28104. Interference with passenger train crew members
“(a) Offense.—It shall be unlawful for any person, while on a passenger train—
“(1) to assault or intimidate a crew member, and thereby interfere with the performance of the duties of a crew member or lessen the ability of a crew member to perform those duties; or
“(2) to attempt or conspire to perform an act described in paragraph (1).
“(b) Penalties.—A person who violates subsection (a)—
“(1) shall be fined under title 18, imprisoned for not more than 20 years, or both; and
“(2) if a dangerous weapon is used in assaulting or intimidating the crew member, shall be imprisoned for any term of years or for life.
“(c) Training.—Each passenger rail carrier is encouraged to review training programs of the rail carrier and provide, as necessary, additional training in areas such as de-escalating hostile situations, written protocols on dealing with hostile situations, and reporting of incidents.
“(d) Definition of crew member.—In this section, the term ‘crew member’ includes engineers, conductors, on-board service personnel, and similar employees assigned to duty on an in-service passenger train.”.
(b) Clerical amendment.—The analysis for chapter 281 of title 49, United States Code, is amended by adding at the end the following:
This Act may be cited as the “Passenger Rail Crew Protection Act”.
SEC. 2. Interference with passenger train crew members.
(a) Amendment.—
(1) IN GENERAL.—Chapter 281 of title 49, United States Code, is amended by adding at the end the following:
Ҥ 28104. Interference with passenger train crew members
“(a) Definitions.—In this section:
“(1) CREW MEMBER.—The term ‘crew member’ means a person, other than a passenger, who is a service employee assigned to duty on an in-service passenger train.
“(2) DANGEROUS WEAPON.—
“(3) PASSENGER TRAIN.—The term ‘passenger train’ means a passenger train in intercity rail passenger transportation (as defined in section 24102).
“(b) Offense.—It shall be unlawful for any person onboard a passenger train in operation, or on a platform serving a passenger train in operation—
(2) TECHNICAL AMENDMENT.—The table of sections for chapter 281 of title 49, United States Code, is amended by adding at the end the following:
“§ 28104. Interference with passenger train crew members.”.
(b) Sense of Congress regarding assault prevention and response training.—
(1) DEFINITION OF RAIL PASSENGER CARRIER.—In this subsection, the term “rail passenger carrier” means a rail carrier providing intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code).
(c) GAO report on commuter rail assaults.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall—
(2) CONTENTS.—The report under paragraph (1)(B) shall include—
(A) a description of the number and types of assaults on rail crew members described in paragraph (1)(A), based on available data;
(B) a description of other available details regarding assaults on rail crew members described in paragraph (1)(A), such as—
Calendar No. 643 | |||||
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[Report No. 115–356] | |||||
A BILL | |||||
To prosecute, as a Federal crime, the assault or intimidation of a passenger train crew member to
the same extent as such actions against aircraft crew members are
prosecuted. | |||||
November 14, 2018 | |||||
Reported with an amendment |