Bill Text: NY A08317 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the crimes of vehicular assault and vehicular manslaughter in an active work zone and intrusion into an active work zone.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A08317 Detail]
Download: New_York-2019-A08317-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8317 2019-2020 Regular Sessions IN ASSEMBLY June 13, 2019 ___________ Introduced by M. of A. CUSICK, BENEDETTO, ORTIZ, MOSLEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the vehicle and traffic law, in relation to safety in active work zones The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding two new sections 120.75 2 and 120.80 to read as follows: 3 § 120.75 Vehicular assault in an active work zone in the second degree. 4 1. A person is guilty of vehicular assault in an active work zone in 5 the second degree when, with criminal negligence, he or she: 6 a. enters or intrudes into an active work zone without permission 7 while operating a motor vehicle; and 8 b. such entry or intrusion causes serious physical injury to another 9 person. 10 2. For purposes of this section: 11 a. "active work zone" shall mean the physical area of a highway, 12 street or private road on which construction, maintenance or utility 13 work is being conducted, which area is marked by signs, channeling 14 devices, barriers, pavement markings, and/or work vehicles, and where 15 workers are physically present; and 16 b. "permission" shall mean direction from a flag person, police offi- 17 cer or other visibly designated person in charge of traffic control or 18 direction from a traffic control device regulating entry therein. 19 Vehicular assault in an active work zone in the second degree is a 20 class E felony. 21 § 120.80 Vehicular assault in an active work zone in the first degree. 22 1. A person is guilty of vehicular assault in an active work zone in 23 the first degree when he or she recklessly: 24 a. enters or intrudes into an active work zone without permission 25 while operating a motor vehicle; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05895-01-9A. 8317 2 1 b. such entry or intrusion causes serious physical injury to another 2 person. 3 2. For purposes of this section: 4 a. "active work zone" shall mean the physical area of a highway, 5 street or private road on which construction, maintenance or utility 6 work is being conducted, which area is marked by signs, channeling 7 devices, barriers, pavement markings, and/or work vehicles, and where 8 workers are physically present; and 9 b. "permission" shall mean direction from a flag person, police offi- 10 cer or other visibly designated person in charge of traffic control or 11 direction from a traffic control device regulating entry therein. 12 Vehicular assault in an active work zone in the first degree is a 13 class D felony. 14 § 2. The penal law is amended by adding two new sections 125.65 and 15 125.70 to read as follows: 16 § 125.65 Vehicular manslaughter in an active work zone in the second 17 degree. 18 1. A person is guilty of vehicular manslaughter in an active work zone 19 in the second degree when, with criminal negligence, he or she: 20 (a) enters or intrudes into an active work zone without permission 21 while operating a motor vehicle; and 22 (b) such entry or intrusion causes the death of another person. 23 2. For purposes of this section: 24 (a) "active work zone" shall mean the physical area of a highway, 25 street or private road on which construction, maintenance or utility 26 work is being conducted, which area is marked by signs, channeling 27 devices, barriers, pavement markings, and/or work vehicles, and where 28 workers are physically present; and 29 (b) "permission" shall mean direction from a flag person, police offi- 30 cer or other visibly designated person in charge of traffic control or 31 direction from a traffic control device regulating entry therein. 32 Vehicular manslaughter in an active work zone in the second degree is 33 a class C felony. 34 § 125.70 Vehicular manslaughter in an active work zone in the first 35 degree. 36 1. A person is guilty of vehicular manslaughter in an active work zone 37 in the first degree when he or she recklessly: 38 (a) enters or intrudes into an active work zone without permission 39 while operating a motor vehicle; and 40 (b) such entry or intrusion causes the death of another person. 41 2. For purposes of this section: 42 (a) "active work zone" shall mean the physical area of a highway, 43 street or private road on which construction, maintenance or utility 44 work is being conducted, which area is marked by signs, channeling 45 devices, barriers, pavement markings, and/or work vehicles, and where 46 workers are physically present; and 47 (b) "permission" shall mean direction from a flag person, police offi- 48 cer or other visibly designated person in charge of traffic control or 49 direction from a traffic control device regulating entry therein. 50 Vehicular manslaughter in an active work zone in the first degree is a 51 class B felony. 52 § 3. The vehicle and traffic law is amended by adding a new section 53 1221-a to read as follows: 54 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 55 cle shall enter or intrude into an active work zone except upon direc- 56 tion from a flag person, police officer or other visibly designatedA. 8317 3 1 person in charge of traffic control or direction from a traffic control 2 device regulating entry therein. For purposes of this section, the term 3 "active work zone" shall mean the physical area of a highway, street or 4 private road on which construction, maintenance or utility work is being 5 conducted, which area is marked by signs, channeling devices, barriers, 6 pavement markings, and/or work vehicles, and where workers are phys- 7 ically present. 8 2. A violation of subdivision one of this section shall constitute a 9 class B misdemeanor punishable by a fine of not less than two hundred 10 fifty dollars nor more than five hundred dollars, or by a period of 11 imprisonment not to exceed three months, or by both such fine and impri- 12 sonment. 13 § 4. This act shall take effect immediately.
