Bill Text: NY S06016 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates the crime of intrusion into an active work zone, provides for work zone safety education and outreach, and classifies the assault of certain highway and transportation workers as second degree assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S06016 Detail]
Download: New_York-2019-S06016-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6016 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the vehicle and traffic law, in relation to work zone safety and classifying the assault of certain highway and transportation workers as second degree assault The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, 2 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi- 3 sion 11 as separately amended by chapters 268 and 281 of the laws of 4 2016, are amended to read as follows: 5 3. With intent to prevent a peace officer, a police officer, prosecu- 6 tor as defined in subdivision thirty-one of section 1.20 of the criminal 7 procedure law, registered nurse, licensed practical nurse, public health 8 sanitarian, New York city public health sanitarian, sanitation enforce- 9 ment agent, New York city sanitation worker, a firefighter, including a 10 firefighter acting as a paramedic or emergency medical technician admin- 11 istering first aid in the course of performance of duty as such fire- 12 fighter, an emergency medical service paramedic or emergency medical 13 service technician, or medical or related personnel in a hospital emer- 14 gency department, a city marshal, a school crossing guard appointed 15 pursuant to section two hundred eight-a of the general municipal law, a 16 traffic enforcement officer, traffic enforcement agent, highway worker 17 as defined in section one hundred eighteen-a of the vehicle and traffic 18 law, motor vehicle inspector and motor carrier investigator as defined 19 in section one hundred eighteen-b of the vehicle and traffic law, motor 20 vehicle license examiner as defined in section one hundred eighteen-c of 21 the vehicle and traffic law, highway inspector as referenced by section 22 19-152 of the administrative code of the city of New York, or employee 23 of any entity governed by the public service law in the course of 24 performing an essential service, from performing a lawful duty, by means EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11241-01-9S. 6016 2 1 including releasing or failing to control an animal under circumstances 2 evincing the actor's intent that the animal obstruct the lawful activity 3 of such peace officer, police officer, prosecutor as defined in subdivi- 4 sion thirty-one of section 1.20 of the criminal procedure law, regis- 5 tered nurse, licensed practical nurse, public health sanitarian, New 6 York city public health sanitarian, sanitation enforcement agent, New 7 York city sanitation worker, firefighter, paramedic, technician, city 8 marshal, school crossing guard appointed pursuant to section two hundred 9 eight-a of the general municipal law, traffic enforcement officer, traf- 10 fic enforcement agent, highway worker as defined in section one hundred 11 eighteen-a of the vehicle and traffic law, motor vehicle inspector and 12 motor carrier investigator as defined in section one hundred eighteen-b 13 of the vehicle and traffic law, motor vehicle license examiner as 14 defined in section one hundred eighteen-c of the vehicle and traffic 15 law, highway inspector as referenced by section 19-152 of the adminis- 16 trative code of the city of New York, or employee of an entity governed 17 by the public service law, he or she causes physical injury to such 18 peace officer, police officer, prosecutor as defined in subdivision 19 thirty-one of section 1.20 of the criminal procedure law, registered 20 nurse, licensed practical nurse, public health sanitarian, New York city 21 public health sanitarian, sanitation enforcement agent, New York city 22 sanitation worker, firefighter, paramedic, technician or medical or 23 related personnel in a hospital emergency department, city marshal, 24 school crossing guard, traffic enforcement officer, traffic enforcement, 25 highway worker as defined in section one hundred eighteen-a of the vehi- 26 cle and traffic law, motor vehicle inspector and motor carrier investi- 27 gator as defined in section one hundred eighteen-b of the vehicle and 28 traffic law, motor vehicle license examiner as defined in section one 29 hundred eighteen-c of the vehicle and traffic law, highway inspector as 30 referenced by section 19-152 of the administrative code of the city of 31 New York, agent or employee of an entity governed by the public service 32 law; or 33 11. With intent to cause physical injury to a train operator, ticket 34 inspector, conductor, signalperson, bus operator, station agent, station 35 cleaner [or], terminal cleaner, station customer assistant, person whose 36 official duties include the sale or collection of tickets, passes, 37 vouchers or other fare payment media for use on a train or bus, person 38 whose official duties include the maintenance, repair, inspection, trou- 39 bleshooting, testing or cleaning of a transit signal system, elevated or 40 underground subway tracks, transit station structure, train yard, reven- 41 ue train in passenger service, or a train or bus station or terminal, or 42 a supervisor of such personnel employed by any transit agency, authority 43 or company, public or private, whose operation is authorized by New York 44 state or any of its political subdivisions, a city marshal, a school 45 crossing guard appointed pursuant to section two hundred eight-a of the 46 general municipal law, a traffic enforcement officer, traffic enforce- 47 ment agent, highway worker as defined in section one hundred eighteen-a 48 of the vehicle and traffic law, motor vehicle inspector and motor carri- 49 er investigator as defined in section one hundred eighteen-b of the 50 vehicle and traffic law, motor vehicle license examiner as defined in 51 section one hundred eighteen-c of the vehicle and traffic law, highway 52 inspector as referenced by section 19-152 of the administrative code of 53 the city of New York, prosecutor as defined in subdivision thirty-one of 54 section 1.20 of the criminal procedure law, sanitation enforcement 55 agent, New York city sanitation worker, public health sanitarian, New 56 York city public health sanitarian, registered nurse, licensed practicalS. 6016 3 1 nurse, emergency medical service paramedic, or emergency medical service 2 technician, he or she causes physical injury to such train operator, 3 ticket inspector, conductor, signalperson, bus operator, station agent, 4 station cleaner [or], terminal cleaner, station customer assistant, 5 person whose official duties include the sale or collection of tickets, 6 passes, vouchers or other fare payment media for use on a train or bus, 7 person whose official duties include the maintenance, repair, 8 inspection, troubleshooting, testing or cleaning of a transit signal 9 system, elevated or underground subway tracks, transit station struc- 10 ture, train yard, revenue train in passenger service, or a train or bus 11 station or terminal, or a supervisor of such personnel, city marshal, 12 school crossing guard appointed pursuant to section two hundred eight-a 13 of the general municipal law, traffic enforcement officer, traffic 14 enforcement agent, highway worker as defined in section one hundred 15 eighteen-a of the vehicle and traffic law, motor vehicle inspector and 16 motor carrier investigator as defined in section one hundred eighteen-b 17 of the vehicle and traffic law, motor vehicle license examiner as 18 defined in section one hundred eighteen-c of the vehicle and traffic 19 law, highway inspector as referenced by section 19-152 of the adminis- 20 trative code of the city of New York, prosecutor as defined in subdivi- 21 sion thirty-one of section 1.20 of the criminal procedure law, regis- 22 tered nurse, licensed practical nurse, public health sanitarian, New 23 York city public health sanitarian, sanitation enforcement agent, New 24 York city sanitation worker, emergency medical service paramedic, or 25 emergency medical service technician, while such employee is performing 26 an assigned duty on, or directly related to, the operation of a train or 27 bus, [including the cleaning of a train or bus station or terminal] 28 cleaning of a train or bus station or terminal or maintenance of a train 29 or bus station or terminal, signal system, elevated or underground 30 subway tracks, transit station structure, train yard or revenue train in 31 passenger service, or such city marshal, school crossing guard, traffic 32 enforcement officer, traffic enforcement agent, highway worker as 33 defined in section one hundred eighteen-a of the vehicle and traffic 34 law, motor vehicle inspector and motor carrier investigator as defined 35 in section one hundred eighteen-b of the vehicle and traffic law, motor 36 vehicle license examiner as defined in section one hundred eighteen-c of 37 the vehicle and traffic law, highway inspector as referenced by section 38 19-152 of the administrative code of the city of New York, prosecutor as 39 defined in subdivision thirty-one of section 1.20 of the criminal proce- 40 dure law, registered nurse, licensed practical nurse, public health 41 sanitarian, New York city public health sanitarian, sanitation enforce- 42 ment agent, New York city sanitation worker, emergency medical service 43 paramedic, or emergency medical service technician is performing an 44 assigned duty; or 45 § 2. The vehicle and traffic law is amended by adding three new 46 sections 118-a, 118-b and 118-c to read as follows: 47 § 118-a. Highway worker. Any person employed by or on behalf of the 48 state, a county, city, town or village, a public authority, a local 49 authority, or a public utility company, or the agent or contractor of 50 any such entity, who has been assigned to perform work on a highway, 51 including maintenance, repair, flagging, utility work, construction, 52 reconstruction or operation of equipment on public highway infrastruc- 53 ture and associated rights-of-way in highway work areas, and shall also 54 include any flag person as defined in section one hundred fifteen-b of 55 this article.S. 6016 4 1 § 118-b. Motor vehicle inspector and motor carrier investigator. Any 2 person employed by the New York State department of transportation who 3 has been assigned to perform inspections of any motor vehicles or inves- 4 tigation of any carriers regulated by the commissioner of transporta- 5 tion. 6 § 118-c. Motor vehicle license examiner. Any person employed by the 7 department who conducts road tests to ensure that only qualified persons 8 are licensed to operate motor vehicles or performs field inspections of 9 the licensing aspect of driving schools, private service bureaus, and 10 motor carriers, or any employee of the department who directly super- 11 vises such employees. 12 § 3. The vehicle and traffic law is amended by adding a new section 13 1221-a to read as follows: 14 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 15 cle shall enter or intrude into an active work zone except upon direc- 16 tion from a flag person, police officer or other visibly designated 17 person in charge of traffic control or direction from a traffic control 18 device regulating entry therein. For purposes of this section, the term 19 "active work zone" shall mean the physical area of a highway, street or 20 private road on which construction, maintenance or utility work is being 21 conducted, which area is marked by any signs, channeling devices, barri- 22 ers, pavement markings, or work vehicles, and where workers are phys- 23 ically present. 24 2. A violation of subdivision one of this section shall constitute a 25 class B misdemeanor punishable by a fine of not less than two hundred 26 fifty dollars nor more than five hundred dollars, or by a period of 27 imprisonment not to exceed three months, or by both such fine and impri- 28 sonment. 29 § 4. The vehicle and traffic law is amended by adding a new section 30 1221-b to read as follows: 31 § 1221-b. Work zone safety and outreach. The governor's traffic safety 32 committee, upon consultation with the commissioner of transportation, 33 the superintendent of state police, the commissioner, the chairman of 34 the New York state thruway authority, local law enforcement agencies, 35 and representatives for contractors and laborers, shall design and 36 implement a public education and outreach program to increase motorist 37 awareness of the importance of highway work zone safety, to reduce the 38 number of work zone incidents, including speeding, unauthorized intru- 39 sions into work zones, and any conduct resulting in threats or injuries 40 to highway workers, and to increase and promote work zone safety. 41 § 5. Section 120.05 of the penal law is amended by adding a new subdi- 42 vision 11-d to read as follows: 43 11-d. With intent to cause physical injury to a terminal cleaner, 44 cabin cleaner, facilities cleaner, wheelchair assist employee, baggage 45 handler, skycap, ticket agent, customer services employee, security 46 guard, queue management employee, shuttle bus driver, or any employee 47 whose duties require him or her to work on the tarmac, employed by any 48 airport, airport authority or company, public or private, that performs 49 such services at an airport, he or she causes physical injury to such 50 terminal cleaner, cabin cleaner, facilities cleaner, wheelchair assist 51 employee, baggage handler, skycap, ticket agent, customer services 52 employee, security guard, queue management employee, shuttle bus driver, 53 or any employee whose duties require him or her to work on the tarmac, 54 while such employee is performing an assigned duty of, or directly 55 related to, such services at an airport in the state of New York; or 56 § 6. This act shall take effect immediately.
