senate Bill S3912A

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

  • 09 / Mar / 2011
    • REFERRED TO CODES
  • 13 / Jun / 2011
    • AMEND AND RECOMMIT TO CODES
  • 13 / Jun / 2011
    • PRINT NUMBER 3912A
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1307
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 15 / Feb / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO TRANSPORTATION
  • 13 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 25 / Apr / 2012
    • 1ST REPORT CAL.581
  • 26 / Apr / 2012
    • 2ND REPORT CAL.
  • 30 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 08 / May / 2012
    • PASSED SENATE
  • 08 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 08 / May / 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

See Assembly Version of this Bill:
A6409A
Versions:
S3912
S3912A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.80, 120.75, 125.65 & 125.70, Pen L; add §1221-a, V & T L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S3862, A7382
2007-2008: A10363

Sponsor Memo

BILL NUMBER:S3912A

TITLE OF BILL:

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

SUMMARY OF PROVISIONS:

This bill amends the Vehicle and Traffic Law by defining the new crime
of intrusion into an active work zone as a class B misdemeanor which
will subject offenders to a $250 $500 fine and/or a maximum sentence
of three months imprisonment. The bill also amends, the Penal Law by
creating the new crimes of vehicular manslaughter in an active work
zone in the first degree (a class B felony offense), vehicular
manslaughter in an active work zone in the second degree (a class C
felony offense), vehicular assault in a work zone in the first degree
(a class D felony) and vehicular assault in a work zone in the second
degree (a class E felony).

REASONS FOR SUPPORT:

The average number of work zone fatalities nationally between 2002 and
2007 was 1,011 per year. In 2005, within New York State, 605 crashes
occurred in work zones established by the 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.
In 2006, vehicle intrusions into.State DOT work zones resulted in 139
injuries and seven fatalities. In 2007, 11 people were killed in work
zones within New York State.

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.

Missing from the Work Zone Safety Act, however, were penalties to deal
with drivers who are convicted of either killing or injuring
construction workers. 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
just as enhanced penalties for injuring or killing police officers
serve as deterrents to the commission of those crimes. 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.

Criminalizing the mere intrusion into a work zone even where injury
and death do not occur will permit prosecution of this offense based
upon witness testimony. Currently, there are no penalties for
intrusions into work zones which do not cause injury or death. City
DOT experiences approximately two intrusions per month within New
York City. This proposed new crime will deter such intrusions and
will provide penalties for drivers who intrude into work zones
despite signs or the presence of flag persons and other traffic
control devices.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

LEGISLATIVE HISTORY:

2010: S.3862/A.7382

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 3912--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be  committed  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:

  Section  1. The penal law is amended by adding two new sections 120.75
and 120.80 to read as follows:
S 120.75 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 WITHOUT PERMISSION
WHILE OPERATING A MOTOR VEHICLE; AND
  B. SUCH ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY  TO  ANOTHER
PERSON.
  2. FOR PURPOSES OF THIS SECTION:
  A.  "ACTIVE  WORK  ZONE"  SHALL  MEAN  THE PHYSICAL AREA OF A HIGHWAY,
STREET OR PRIVATE ROAD ON WHICH  CONSTRUCTION,  MAINTENANCE  OR  UTILITY
WORK  IS  BEING  CONDUCTED,  WHICH  AREA  IS MARKED BY SIGNS, CHANNELING
DEVICES, BARRIERS, PAVEMENT MARKINGS, AND/OR WORK  VEHICLES,  AND  WHERE
WORKERS ARE PHYSICALLY PRESENT; AND
  B.  "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE OFFI-
CER OR OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC  CONTROL  OR
DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
  VEHICULAR  ASSAULT  IN  AN  ACTIVE WORK ZONE IN THE SECOND DEGREE IS A
CLASS E FELONY.
S 120.80 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00552-02-1

S. 3912--A                          2

  A.  ENTERS  OR  INTRUDES  INTO  AN ACTIVE WORK ZONE WITHOUT PERMISSION
WHILE OPERATING A MOTOR VEHICLE; AND
  B.  SUCH  ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER
PERSON.
  2. FOR PURPOSES OF THIS SECTION:
  A. "ACTIVE WORK ZONE" SHALL MEAN  THE  PHYSICAL  AREA  OF  A  HIGHWAY,
STREET  OR  PRIVATE  ROAD  ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY
WORK IS BEING CONDUCTED, WHICH  AREA  IS  MARKED  BY  SIGNS,  CHANNELING
DEVICES,  BARRIERS,  PAVEMENT  MARKINGS, AND/OR WORK VEHICLES, AND WHERE
WORKERS ARE PHYSICALLY PRESENT; AND
  B. "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE  OFFI-
CER  OR  OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC CONTROL OR
DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
  VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN  THE  FIRST  DEGREE  IS  A
CLASS D FELONY.
  S  2.  The  penal law is amended by adding two new sections 125.65 and
125.70 to read as follows:
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 WITHOUT PERMISSION
WHILE OPERATING A MOTOR VEHICLE; AND
  (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "ACTIVE WORK ZONE" SHALL MEAN THE  PHYSICAL  AREA  OF  A  HIGHWAY,
STREET  OR  PRIVATE  ROAD  ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY
WORK IS BEING CONDUCTED, WHICH  AREA  IS  MARKED  BY  SIGNS,  CHANNELING
DEVICES,  BARRIERS,  PAVEMENT  MARKINGS, AND/OR WORK VEHICLES, AND WHERE
WORKERS ARE PHYSICALLY PRESENT; AND
  (B) "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE OFFI-
CER OR OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC  CONTROL  OR
DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
  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 WITHOUT PERMISSION
WHILE OPERATING A MOTOR VEHICLE; AND
  (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "ACTIVE WORK ZONE" SHALL MEAN THE  PHYSICAL  AREA  OF  A  HIGHWAY,
STREET  OR  PRIVATE  ROAD  ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY
WORK IS BEING CONDUCTED, WHICH  AREA  IS  MARKED  BY  SIGNS,  CHANNELING
DEVICES,  BARRIERS,  PAVEMENT  MARKINGS, AND/OR WORK VEHICLES, AND WHERE
WORKERS ARE PHYSICALLY PRESENT; AND
  (B) "PERMISSION" SHALL MEAN DIRECTION FROM A FLAG PERSON, POLICE OFFI-
CER OR OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC  CONTROL  OR
DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN.
  VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE IS A
CLASS B FELONY.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1221-a to read as follows:

S. 3912--A                          3

  S 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
CLE  SHALL  ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
TION FROM A FLAG PERSON, POLICE  OFFICER  OR  OTHER  VISIBLY  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 OF A HIGHWAY, STREET  OR
PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING
CONDUCTED,  WHICH AREA IS MARKED BY SIGNS, CHANNELING DEVICES, BARRIERS,
PAVEMENT MARKINGS, AND/OR WORK VEHICLES, AND  WHERE  WORKERS  ARE  PHYS-
ICALLY 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 4. This act shall take effect immediately.

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