senate Bill S156

Establishes the crimes of vehicular assault and vehicular manslaughter in an active work zone and intrusion into an active work zone

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S156
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.65, 120.66, 125.65 & 125.70, Pen L; add §1221-a, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S6098, S6098A
2007-2008: S7871

Sponsor Memo

BILL NUMBER:S156

TITLE OF BILL:
An act
to amend the penal law and the vehicle and traffic law, in relation to
safety in active work zones

PURPOSE:
Creating criminal statutes for vehicular assault and manslaughter in
an active workzone.

SUMMARY OF PROVISIONS:
Section 1 creates the crime of vehicular assault in an active
workzone, both in the first (class D felony) and second degree (class
E felony)

Section 2 creates the crime of vehicular manslaughter in an active
workzone, both in the first (class B felony) and second degree (class
C felony).

Section 3 amends the vehicle and traffic law to create the crime of
intrusion into an active workzone, a class B misdemeanor.

JUSTIFICATION:
In the past 5 years, the average number of work zone fatalities
nationally was 1,020 per year. Of these, 14.3% were workers in active
traffic situations. In 2005, within New York State, 605 crashes
occurred in work zones established by State Department of
Transportation (State DOT). Of these, 17 people were killed (all
drivers), and 220 were injured, of which 18 were State DOT workers.

On September 22, 2005, New York City's Department of Transportation
(City DOT) lost one of its own when a driver recklessly entered a
closed off, active work zone and fatally struck Assistant City
Highway Repairman Nicholas Antico and injured two other City DOT
workers who were performing maintenance work on a major street in
the borough of Staten Island.

The Work Zone Safety Act, Chapter 223 of 2005, was enacted into law as
a result of a fatal accident in a work zone in Binghamton involving
three workers. This Chapter provided a combination of tougher
penalties for speeding in work zones, driver's license suspensions,
and an education campaign. It provided that State DOT develop rules
and regulations for increasing safety in work zones, including police
Presence in work zones, use of radar speed display signs, and a
system for reviewing safety and design in work zones.

To build on the Workzone Safety Act of 2005, penalties to deal with
drivers who are convicted of either killing or injuring construction
workers are needed. This proposed bill would establish tough new
penalties for injuring or killing a construction worker that would
serve as a deterrent to driving carelessly in a construction zone.
These proposed additional classes of crimes, as with those
established for injuring or killing police officers, would give
prosecutors and judges additional flexibility in punishing offenders.


LEGISLATIVE HISTORY:
S.7871 of 2008; Referred to Codes
S.6098A of 2009-2010; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   156

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ, ADAMS, ALESI, HUNTLEY, LIBOUS, NOZZOLIO,
  RANZENHOFER -- 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 safety in active work zones

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  penal  law  is  amended  by adding four new sections
120.65, 120.66, 125.65 and 125.70 to read as follows:
S 120.65 VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN THE SECOND DEGREE.
  1. A PERSON IS GUILTY OF VEHICULAR ASSAULT IN AN ACTIVE WORK  ZONE  IN
THE SECOND DEGREE WHEN, WITH CRIMINAL NEGLIGENCE, HE OR SHE:
  A. ENTERS OR INTRUDES INTO AN ACTIVE WORK ZONE WHILE OPERATING A MOTOR
VEHICLE; AND
  B.  SUCH  ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER
PERSON.
  2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
THE PHYSICAL AREA ON A PUBLIC HIGHWAY,  STREET  OR  PRIVATE  ROAD  WHERE
CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
IS  PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES AND/OR
OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
  VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 120.66 VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE.
  1.  A  PERSON IS GUILTY OF VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN
THE FIRST DEGREE WHEN HE OR SHE RECKLESSLY:
  A. ENTERS OR INTRUDES INTO AN ACTIVE WORK ZONE WHILE OPERATING A MOTOR
VEHICLE; AND
  B. SUCH ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY  TO  ANOTHER
PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00819-01-1

S. 156                              2

  2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
THE  PHYSICAL  AREA  ON  A  PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE
CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
IS PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES  AND/OR
OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
  VEHICULAR  ASSAULT  IN  AN  ACTIVE  WORK ZONE IN THE FIRST DEGREE IS A
CLASS D FELONY.
S 125.65 VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK  ZONE  IN  THE  SECOND
           DEGREE.
  1. A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE
IN THE SECOND DEGREE WHEN, WITH CRIMINAL NEGLIGENCE, HE OR SHE:
  (A)  ENTERS  OR  INTRUDES  INTO  AN ACTIVE WORK ZONE WHILE OPERATING A
MOTOR VEHICLE; AND
  (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
  2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
THE PHYSICAL AREA ON A PUBLIC HIGHWAY,  STREET  OR  PRIVATE  ROAD  WHERE
CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
IS  PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES AND/OR
OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
  VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE SECOND DEGREE  IS
A CLASS C FELONY.
S 125.70 VEHICULAR  MANSLAUGHTER  IN  AN  ACTIVE  WORK ZONE IN THE FIRST
           DEGREE.
  1. A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE
IN THE FIRST DEGREE WHEN HE OR SHE RECKLESSLY:
  (A) ENTERS OR INTRUDES INTO AN ACTIVE  WORK  ZONE  WHILE  OPERATING  A
MOTOR VEHICLE; AND
  (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
  2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
THE  PHYSICAL  AREA  ON  A  PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE
CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
IS PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES  AND/OR
OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
  VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE IS A
CLASS B FELONY.
  S  2.  The  vehicle and traffic law is amended by adding a new section
1221-a to read as follows:
  S 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
CLE,  OPERATOR OF A BICYCLE OR PEDESTRIAN SHALL ENTER OR INTRUDE INTO AN
ACTIVE WORK ZONE, EXCEPT UPON DIRECTION FROM A FLAG PERSON, POLICE OFFI-
CER OR OTHER DESIGNATED PERSON IN CHARGE OF TRAFFIC CONTROL OR DIRECTION
FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES  OF
THIS  SECTION,  THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA
ON A PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE CONSTRUCTION,  MAINTE-
NANCE  OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA IS PROPERLY DESIG-
NATED TO BE AN ACTIVE WORK ZONE BY SIGNS,  CONES  AND/OR  OTHER  TRAFFIC
CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
  2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS  THAN  TWO  HUNDRED
FIFTY  DOLLARS  NOR  MORE  THAN  FIVE HUNDRED DOLLARS, OR BY A PERIOD OF
IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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