Bill Text: NY A07164 | 2017-2018 | 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: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A07164 Detail]
Download: New_York-2017-A07164-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7164 2017-2018 Regular Sessions IN ASSEMBLY April 11, 2017 ___________ Introduced by M. of A. CUSICK, TITONE, BENEDETTO, ORTIZ, MOSLEY -- Multi-Sponsored by -- M. of A. SEPULVEDA -- 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09307-02-7A. 7164 2 1 a. enters or intrudes into an active work zone without permission 2 while operating a motor vehicle; and 3 b. such entry or intrusion causes serious physical injury to another 4 person. 5 2. For purposes of this section: 6 a. "active work zone" shall mean the physical area of a highway, 7 street or private road on which construction, maintenance or utility 8 work is being conducted, which area is marked by signs, channeling 9 devices, barriers, pavement markings, and/or work vehicles, and where 10 workers are physically present; and 11 b. "permission" shall mean direction from a flag person, police offi- 12 cer or other visibly designated person in charge of traffic control or 13 direction from a traffic control device regulating entry therein. 14 Vehicular assault in an active work zone in the first degree is a 15 class D felony. 16 § 2. The penal law is amended by adding two new sections 125.65 and 17 125.70 to read as follows: 18 § 125.65 Vehicular manslaughter in an active work zone in the second 19 degree. 20 1. A person is guilty of vehicular manslaughter in an active work zone 21 in the second degree when, with criminal negligence, he or she: 22 (a) enters or intrudes into an active work zone without permission 23 while operating a motor vehicle; and 24 (b) such entry or intrusion causes the death of another person. 25 2. For purposes of this section: 26 (a) "active work zone" shall mean the physical area of a highway, 27 street or private road on which construction, maintenance or utility 28 work is being conducted, which area is marked by signs, channeling 29 devices, barriers, pavement markings, and/or work vehicles, and where 30 workers are physically present; and 31 (b) "permission" shall mean direction from a flag person, police offi- 32 cer or other visibly designated person in charge of traffic control or 33 direction from a traffic control device regulating entry therein. 34 Vehicular manslaughter in an active work zone in the second degree is 35 a class C felony. 36 § 125.70 Vehicular manslaughter in an active work zone in the first 37 degree. 38 1. A person is guilty of vehicular manslaughter in an active work zone 39 in the first degree when he or she recklessly: 40 (a) enters or intrudes into an active work zone without permission 41 while operating a motor vehicle; and 42 (b) such entry or intrusion causes the death of another person. 43 2. For purposes of this section: 44 (a) "active work zone" shall mean the physical area of a highway, 45 street or private road on which construction, maintenance or utility 46 work is being conducted, which area is marked by signs, channeling 47 devices, barriers, pavement markings, and/or work vehicles, and where 48 workers are physically present; and 49 (b) "permission" shall mean direction from a flag person, police offi- 50 cer or other visibly designated person in charge of traffic control or 51 direction from a traffic control device regulating entry therein. 52 Vehicular manslaughter in an active work zone in the first degree is a 53 class B felony. 54 § 3. The vehicle and traffic law is amended by adding a new section 55 1221-a to read as follows:A. 7164 3 1 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 2 cle shall enter or intrude into an active work zone except upon direc- 3 tion from a flag person, police officer or other visibly designated 4 person in charge of traffic control or direction from a traffic control 5 device regulating entry therein. For purposes of this section, the term 6 "active work zone" shall mean the physical area of a highway, street or 7 private road on which construction, maintenance or utility work is being 8 conducted, which area is marked by signs, channeling devices, barriers, 9 pavement markings, and/or work vehicles, and where workers are phys- 10 ically present. 11 2. A violation of subdivision one of this section shall constitute a 12 class B misdemeanor punishable by a fine of not less than two hundred 13 fifty dollars nor more than five hundred dollars, or by a period of 14 imprisonment not to exceed three months, or by both such fine and impri- 15 sonment. 16 § 4. This act shall take effect immediately.