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

                                  3862

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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 two new sections  120.65
and 120.75 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  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
  B.  "PERMISSION" SHALL MEAN 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.
  VEHICULAR ASSAULT IN AN ACTIVE WORK ZONE IN THE  SECOND  DEGREE  IS  A
CLASS E FELONY.
S 120.75 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  WITHOUT  PERMISSION
WHILE OPERATING A MOTOR VEHICLE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02616-02-9

              

S. 3862                             2

  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
  B. "PERMISSION" SHALL MEAN 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.
  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 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
  (B) "PERMISSION" SHALL MEAN 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.
  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
  (B) "PERMISSION" SHALL MEAN 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.
  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 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 AREA OF A HIGHWAY, STREET OR PRIVATE

S. 3862                             3

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.
  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.