Passenger Rail Crew Protection Act

This Act may be cited as the “Passenger Rail Crew Protection Act”.

(a) In general.— Chapter 281 of title 49, United States Code, is amended by adding at the end the following:

“28104. Interference with passenger train crew members.—

(a) Definitions.— In this section:

(1) Crew member.— The term crew member means any of the following employees:

(A) An engineer.

(B) A conductor.

(C) Onboard personnel.

(D) An employee performing, or responsible for, a safety-sensitive function.

(E) An employee performing a function at a rail station in service of a passenger train, including with respect to ticketing, check-in, baggage claim, or boarding.

(2) Dangerous weapon.— The term dangerous weapon has the meaning given such term in section 1992(d) of title 18.

(3) Passenger train.— The term passenger train means a passenger train in intercity rail passenger transportation (as defined in section 24102) or commuter rail passenger transportation (as defined in section 24102).

(4) Serious bodily injury.— The term serious bodily injury has the meaning given such term in section 1365(h) of title 18.

(b) Offense.— It shall be unlawful for any person onboard a passenger train in operation, on a platform serving a passenger train in operation, or in a rail station that serves passenger trains—

(1) to assault 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).

(c) Penalties.—

(1) In general.— Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under title 18, imprisoned for not more than 6 months, or both.

(2) Aggravated penalties.— If a person violates subsection (b)—

(A) by striking, beating, or wounding, the maximum term of imprisonment under paragraph (1) shall be 1 year;

(B) with intent to commit any crime punishable by more than 1 year of imprisonment, except murder, the maximum term of imprisonment under paragraph (1) shall be 10 years;

(C) with a dangerous weapon or with intent to cause bodily harm, the maximum term of imprisonment under paragraph (1) shall be 10 years;

(D) and the violation results in serious bodily injury, the maximum term of imprisonment under paragraph (1) shall be 10 years; or

(E) with intent to commit murder, the maximum term of imprisonment under paragraph (1) shall be 20 years.”.

(b) Clerical amendment.— The table of sections for chapter 281 of title 49, United States Code, is amended by adding at the end the following: