TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE CROSSING SAFETY.

SEC. 208. TRESPASSER PREVENTION AND HIGHWAY-RAIL GRADE CROSSING SAFETY.(a) Trespasser Prevention and Highway-Rail Grade Crossing Warning Sign Violations.—Section 20151 is amended—(1) by striking the section heading and inserting the following:“§ 20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy” ;(2) by striking subsection (a) and inserting the following:“(a) Evaluation of Existing Laws.—In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property, vandalism affecting railroad safety, and violations of highway-rail grade crossing signs, signals, markings, or other warning devices and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after the date of enactment of the Rail Safety Improvement Act of 2008. The Secretary shall revise the model prevention strategies and enforcement codes periodically.”;(3) by inserting “for Trespassing and Vandalism Prevention” in the subsection heading of subsection (b) after “Outreach Program”;(4) in subsection (c)—(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;(B) by inserting “(1)” after “Model Legislation.—”; and(C) by adding at the end the following new paragraph:“(2) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other warning devices.”; and(5) by adding at the end the following new subsection:“(d) Definition.—In this section, the term ‘violation of highway-rail grade crossing signs, signals, markings, or other warning devices’ includes any action by a motorist, unless directed by an authorized safety officer—“(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks;“(2) to drive through a flashing grade crossing signal;“(3) to drive through a grade crossing with passive warning signs without ensuring that the grade crossing could be safely crossed before any train arrived; and122 STAT. 4876“(4) in the vicinity of a grade crossing, who creates a hazard of an accident involving injury or property damage at the grade crossing.”.(b) Conforming Amendment.—The chapter analysis for chapter 201 is amended by striking the item relating to section 20151 and inserting the following: “20151. Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy.”. (c) Educational or Awareness Program Items for Distribution.—Section 20134(a) is amended by adding at the end the following: “The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.”.