Passenger Rail Crew Protection Act

“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, or responsible for, any operation, function, or customer service at an intercity rail station or commuter rail station.

“(2) Dangerous weapon

“(A) In general—The term dangerous weapon means a weapon, device, instrument, material, or animate or inanimate substance that is used for, or is readily capable of, causing death or serious bodily injury.

“(B) Inclusion—The term dangerous weapon includes—

“(i) a pocket knife with a blade that is less than 21/2 inches in length; and

“(ii) a box cutter.

“(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 means a bodily injury that involves—

“(A) a substantial risk of death;

“(B) extreme physical pain;

“(C) protracted and obvious disfigurement; or

“(D) protracted loss or impairment of the function of—

“(i) a bodily member;

“(ii) an organ; or

“(iii) a mental facility.

“(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—

“(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).

“(c) Penalties—A person who violates subsection (b)—

“(1) shall be fined under title 18 or imprisoned for not more than 8 years, or both; and

“(2) if a dangerous weapon is used in assaulting or intimidating the crew member, shall be imprisoned for not more than 20 years.”