S.B. 94 Enrolled

1

BURGLARY OF A RAILROAD CAR
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Darin G. Peterson
5 House Sponsor: James R. Gowans
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code by making burglary of a railroad car a third
10 degree felony.
11 Highlighted Provisions:
12 This bill:
13 . amends the definitions;
14 . provides that it is a third degree felony to break the lock or seal on any railroad car,
15 with the intent to commit a felony or theft; and
16 . provides that a charge against any person for burglary of a railroad car does not
17 preclude a charge for a commission of any other offense.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 76-6-201, as enacted by Laws of Utah 1973, Chapter 196
25 ENACTS:
26 76-6-204.5, Utah Code Annotated 1953
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-6-201 is amended to read:

30 76-6-201. Definitions.
31 [For the purposes of] As used in this part:
32 (1) (a) "Building," in addition to its ordinary meaning, means any watercraft, aircraft,
33 trailer, [sleeping car,] or other structure or vehicle adapted for overnight accommodation of
34 persons or for carrying on business [therein] and includes:
35 [(a) Each] (i) each separately secured or occupied portion of the structure or vehicle;
36 and
37 [(b) Each] (ii) each structure appurtenant to or connected with the structure or vehicle.
38 (b) "Building" does not include a railroad car.
39 (2) "Dwelling" means a building which is usually occupied by a person lodging [therein]
40 in the building at night, whether or not a person is actually present.
41 [(3) A person "enters or remains unlawfully" in or upon premises when the premises or
42 any portion thereof]
43 (3) "Enter or remain unlawfully" means a person enters or remains in or on any
44 premises when:
45 (a) at the time of the entry or remaining, the premises or any portion of the premises are
46 not open to the public; and [when]
47 (b) the actor is not otherwise licensed or privileged to enter or remain on the premises
48 or [such] any portion [thereof] of the premises.
49 (4) "Enter" means:
50 (a) intrusion of any part of the body; or
51 (b) intrusion of any physical object under control of the actor.
52 (5) "Railroad car":
53 (a) in addition to its ordinary meaning, includes a sleeping car or any container or trailer
54 that is on a railroad car; and
55 (b) includes only a railroad car that is operable and part of an ongoing railroad
56 operation.
57 Section 2. Section 76-6-204.5 is enacted to read:

58 76-6-204.5. Burglary of a railroad car -- Charge of other offenses.
59 (1) Any person commits burglary of a railroad car when the person breaks the lock or
60 seal on any railroad car, with the intent to commit a felony or theft.
61 (2) Burglary of a railroad car is a third degree felony.
62 (3) Charging a person for a violation of Subsection (1) does not preclude charging the
63 person for any other offense.