Bill Text: NY A01976 | 2021-2022 | 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 (Republican 9-1)

Status: (Introduced) 2021-01-14 - referred to codes [A01976 Detail]

Download: New_York-2021-A01976-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1976

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M. of A. HAWLEY, MONTESANO, DiPIETRO, REILLY, MORINELLO,
          DeSTEFANO, ASHBY, SALKA, M. MILLER -- Multi-Sponsored by -- M.  of  A.
          BYRNES -- 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 four new sections
     2  120.65, 120.66, 125.28 and 125.29 to read as follows:
     3  § 120.65 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 while operating a motor
     7  vehicle; and
     8    b.  such  entry or intrusion causes serious physical injury to another
     9  person.
    10    2. For purposes of this section the term "active work zone" shall mean
    11  the physical area on a public highway,  street  or  private  road  where
    12  construction, maintenance or utility work is being conducted, which area
    13  is  properly designated to be an active work zone by signs, cones and/or
    14  other traffic control devices and where workers are physically present.
    15    Vehicular assault in an active work zone in the  second  degree  is  a
    16  class E felony.
    17  § 120.66 Vehicular assault in an active work zone in the first degree.
    18    1.  A  person is guilty of vehicular assault in an active work zone in
    19  the first degree when he or she recklessly:
    20    a. enters or intrudes into an active work zone while operating a motor
    21  vehicle; and
    22    b. such entry or intrusion causes serious physical injury  to  another
    23  person.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02034-01-1

        A. 1976                             2

     1    2. For purposes of this section the term "active work zone" shall mean
     2  the  physical  area  on  a  public highway, street or private road where
     3  construction, maintenance or utility work is being conducted, which area
     4  is properly designated to be an active work zone by signs, cones  and/or
     5  other traffic control devices and where workers are physically present.
     6    Vehicular  assault  in  an  active  work zone in the first degree is a
     7  class D felony.
     8  § 125.28 Vehicular manslaughter in an active work  zone  in  the  second
     9             degree.
    10    1. A person is guilty of vehicular manslaughter in an active work zone
    11  in the second degree when, with criminal negligence, he or she:
    12    (a)  enters  or  intrudes  into  an active work zone while operating a
    13  motor vehicle; and
    14    (b) such entry or intrusion causes the death of another person.
    15    2. For purposes of this section the term "active work zone" shall mean
    16  the physical area on a public highway,  street  or  private  road  where
    17  construction, maintenance or utility work is being conducted, which area
    18  is  properly designated to be an active work zone by signs, cones and/or
    19  other traffic control devices and where workers are physically present.
    20    Vehicular manslaughter in an active work zone in the second degree  is
    21  a class C felony.
    22  § 125.29 Vehicular  manslaughter  in  an  active  work zone in the first
    23             degree.
    24    1. A person is guilty of vehicular manslaughter in an active work zone
    25  in the first degree when he or she recklessly:
    26    (a) enters or intrudes into an active  work  zone  while  operating  a
    27  motor vehicle; and
    28    (b) such entry or intrusion causes the death of another person.
    29    2. For purposes of this section the term "active work zone" shall mean
    30  the  physical  area  on  a  public highway, street or private road where
    31  construction, maintenance or utility work is being conducted, which area
    32  is properly designated to be an active work zone by signs, cones  and/or
    33  other traffic control devices and where workers are physically present.
    34    Vehicular manslaughter in an active work zone in the first degree is a
    35  class B felony.
    36    §  2.  The  vehicle and traffic law is amended by adding a new section
    37  1221-a to read as follows:
    38    § 1221-a. Intrusion into an active work zone. 1. No driver of a  vehi-
    39  cle,  operator of a bicycle or pedestrian shall enter or intrude into an
    40  active work zone, except upon direction from a flag person, police offi-
    41  cer or other designated person in charge of traffic control or direction
    42  from a traffic control device regulating entry therein. For purposes  of
    43  this  section,  the term "active work zone" shall mean the physical area
    44  on a public highway, street or private road where construction,  mainte-
    45  nance  or utility work is being conducted, which area is properly desig-
    46  nated to be an active work zone by signs,  cones  and/or  other  traffic
    47  control devices and where workers are physically present.
    48    2.  A  violation of subdivision one of this section shall constitute a
    49  class B misdemeanor punishable by a fine of not less  than  two  hundred
    50  fifty  dollars  nor  more  than  five hundred dollars, or by a period of
    51  imprisonment not to exceed three months, or by both such fine and impri-
    52  sonment.
    53    § 3. This act shall take effect on the first of November next succeed-
    54  ing the date on which it shall have become a law.
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