senate Bill S3969

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

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2014 referred to codes
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.362
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 12, 2013 referred to codes
delivered to assembly
passed senate
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1157
Mar 01, 2013 referred to codes

Votes

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Mar 25, 2014 - Codes committee Vote

S3969
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jun 5, 2013 - Codes committee Vote

S3969
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S3969 - Bill Details

See Assembly Version of this Bill:
A7877
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80, 125.65 & 125.70, Pen L; add §1221-a, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3912A, A6409A
2009-2010: S3862, A7382

S3969 - Bill Texts

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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:S3969

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 would amend 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 fine of up to $500.00 and/or a
maximum sentence of three months imprisonment. The bill would also
amend 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.

LEGISLATIVE HISTORY:

2012 - Passed Senate 60-1; died in Assembly Codes
2011 - Passed Senate 62-0; died in Assembly Codes
2010 - died in Codes Committees in both Houses
2009 - died in Codes Committees in both Houses

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  3969

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 1, 2013
                               ___________

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 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

S. 3969                             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

S. 3969                             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.

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