senate Bill S3912A

2011-2012 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 08, 2012 referred to codes
delivered to assembly
passed senate
Apr 30, 2012 advanced to third reading
Apr 26, 2012 2nd report cal.
Apr 25, 2012 1st report cal.581
Mar 13, 2012 reported and committed to finance
Feb 15, 2012 committee discharged and committed to transportation
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 16, 2011 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1307
committee discharged and committed to rules
Jun 13, 2011 print number 3912a
amend and recommit to codes
Mar 09, 2011 referred to codes

Votes

view votes

Apr 25, 2012 - Finance committee Vote

S3912A
29
3
committee
29
Aye
3
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Finance committee vote details

Mar 13, 2012 - Transportation committee Vote

S3912A
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jun 16, 2011 - Rules committee Vote

S3912A
20
0
committee
20
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S3912 - Details

See Assembly Version of this Bill:
A6409A
Current Committee:
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 2009-2010 Legislative Session:
S3862, A7382

S3912 - Summary

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

S3912 - Sponsor Memo

S3912 - Bill Text download pdf

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

                                  3912

                       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

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
  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 120.80 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:
  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.
                                                           LBD00552-01-1

Co-Sponsors

S3912A (ACTIVE) - Details

See Assembly Version of this Bill:
A6409A
Current Committee:
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 2009-2010 Legislative Session:
S3862, A7382

S3912A (ACTIVE) - Summary

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

S3912A (ACTIVE) - Sponsor Memo

S3912A (ACTIVE) - Bill Text download pdf

                    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

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