Bill Text: NY A06409 | 2011-2012 | General Assembly | Amended

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Bill Title: Establishes the crimes of vehicular assault and vehicular manslaughter in an active work zone and intrusion into an active work zone.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A06409 Detail]

Download: New_York-2011-A06409-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6409--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2011
                                      ___________
       Introduced by M. of A. CUSICK, CASTRO, LANCMAN, N. RIVERA -- Multi-Spon-
         sored  by -- M.  of A. BOYLAND, GABRYSZAK, LINARES, MARKEY, P. RIVERA,
         TITONE, WEISENBERG -- read once and referred to the Committee on Codes
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       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  S 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  S 120.80 VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00552-03-1
       A. 6409--A                          2
    1    1. A PERSON IS GUILTY OF VEHICULAR ASSAULT IN AN ACTIVE WORK  ZONE  IN
    2  THE FIRST DEGREE WHEN HE OR SHE RECKLESSLY:
    3    A.  ENTERS  OR  INTRUDES  INTO  AN ACTIVE WORK ZONE WITHOUT PERMISSION
    4  WHILE OPERATING A MOTOR VEHICLE; AND
    5    B. SUCH ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY  TO  ANOTHER
    6  PERSON.
    7    2. FOR PURPOSES OF THIS SECTION:
    8    A.  "ACTIVE  WORK  ZONE"  SHALL  MEAN  THE PHYSICAL AREA OF A HIGHWAY,
    9  STREET OR PRIVATE ROAD ON WHICH  CONSTRUCTION,  MAINTENANCE  OR  UTILITY
   10  WORK  IS  BEING  CONDUCTED,  WHICH  AREA  IS MARKED BY SIGNS, CHANNELING
   11  DEVICES, BARRIERS, PAVEMENT MARKINGS, AND/OR WORK  VEHICLES,  AND  WHERE
   12  WORKERS ARE PHYSICALLY PRESENT; AND
   13    B.  "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE OFFI-
   14  CER OR OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC  CONTROL  OR
   15  DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
   16    VEHICULAR  ASSAULT  IN  AN  ACTIVE  WORK ZONE IN THE FIRST DEGREE IS A
   17  CLASS D FELONY.
   18    S 2. The penal law is amended by adding two new  sections  125.65  and
   19  125.70 to read as follows:
   20  S 125.65 VEHICULAR MANSLAUGHTER  IN  AN  ACTIVE  WORK ZONE IN THE SECOND
   21             DEGREE.
   22    1. A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE
   23  IN THE SECOND DEGREE WHEN, WITH CRIMINAL NEGLIGENCE, HE OR SHE:
   24    (A) ENTERS OR INTRUDES INTO AN ACTIVE  WORK  ZONE  WITHOUT  PERMISSION
   25  WHILE OPERATING A MOTOR VEHICLE; AND
   26    (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
   27    2. FOR PURPOSES OF THIS SECTION:
   28    (A)  "ACTIVE  WORK  ZONE"  SHALL  MEAN THE PHYSICAL AREA OF A HIGHWAY,
   29  STREET OR PRIVATE ROAD ON WHICH  CONSTRUCTION,  MAINTENANCE  OR  UTILITY
   30  WORK  IS  BEING  CONDUCTED,  WHICH  AREA  IS MARKED BY SIGNS, CHANNELING
   31  DEVICES, BARRIERS, PAVEMENT MARKINGS, AND/OR WORK  VEHICLES,  AND  WHERE
   32  WORKERS ARE PHYSICALLY PRESENT; AND
   33    (B) "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE OFFI-
   34  CER  OR  OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC CONTROL OR
   35  DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
   36    VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE SECOND DEGREE  IS
   37  A CLASS C FELONY.
   38  S 125.70 VEHICULAR  MANSLAUGHTER  IN  AN  ACTIVE  WORK ZONE IN THE FIRST
   39             DEGREE.
   40    1. A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE
   41  IN THE FIRST DEGREE WHEN HE OR SHE RECKLESSLY:
   42    (A) ENTERS OR INTRUDES INTO AN ACTIVE  WORK  ZONE  WITHOUT  PERMISSION
   43  WHILE OPERATING A MOTOR VEHICLE; AND
   44    (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
   45    2. FOR PURPOSES OF THIS SECTION:
   46    (A)  "ACTIVE  WORK  ZONE"  SHALL  MEAN THE PHYSICAL AREA OF A HIGHWAY,
   47  STREET OR PRIVATE ROAD ON WHICH  CONSTRUCTION,  MAINTENANCE  OR  UTILITY
   48  WORK  IS  BEING  CONDUCTED,  WHICH  AREA  IS MARKED BY SIGNS, CHANNELING
   49  DEVICES, BARRIERS, PAVEMENT MARKINGS, AND/OR WORK  VEHICLES,  AND  WHERE
   50  WORKERS ARE PHYSICALLY PRESENT; AND
   51    (B) "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE OFFI-
   52  CER  OR  OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC CONTROL OR
   53  DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
   54    VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE IS A
   55  CLASS B FELONY.
       A. 6409--A                          3
    1    S 3. The vehicle and traffic law is amended by adding  a  new  section
    2  1221-a to read as follows:
    3    S  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
    4  CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
    5  TION  FROM  A  FLAG  PERSON,  POLICE OFFICER OR OTHER VISIBLY DESIGNATED
    6  PERSON IN CHARGE OF TRAFFIC CONTROL OR DIRECTION FROM A TRAFFIC  CONTROL
    7  DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE TERM
    8  "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET  OR
    9  PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING
   10  CONDUCTED,  WHICH AREA IS MARKED BY SIGNS, CHANNELING DEVICES, BARRIERS,
   11  PAVEMENT MARKINGS, AND/OR WORK VEHICLES, AND  WHERE  WORKERS  ARE  PHYS-
   12  ICALLY PRESENT.
   13    2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
   14  CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS  THAN  TWO  HUNDRED
   15  FIFTY  DOLLARS  NOR  MORE  THAN  FIVE HUNDRED DOLLARS, OR BY A PERIOD OF
   16  IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
   17  SONMENT.
   18    S 4. This act shall take effect immediately.