S T A T E O F N E W Y O R K
________________________________________________________________________
7877
2013-2014 Regular Sessions
I N A S S E M B L Y
June 6, 2013
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Introduced by M. of A. CUSICK, BOYLAND, GABRYSZAK, MARKEY, TITONE, WEIS-
ENBERG -- read once and referred 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 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:
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.
LBD08674-01-3
A. 7877 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 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 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
A. 7877 3
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.