senate Bill S1052

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 18, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1419
committee discharged and committed to rules
Jan 09, 2013 referred to codes

Votes

view votes

Co-Sponsors

S1052 - Bill Details

See Assembly Version of this Bill:
A4560
Current Committee:
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 Sessions:
2011-2012: S156
2009-2010: S6098, S6098A

S1052 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1052

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).

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

Section 2 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 penal
ties 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
S.156 of 2011-2012; 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1052

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, KENNEDY, LIBOUS -- 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.
                                                           LBD02069-01-3

S. 1052                             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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.