senate Bill S7782

2013-2014 Legislative Session

Enacts the "crash zone safety act"

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Archive: Last Bill Status - In Committee


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

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Jun 09, 2014 referred to transportation

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S7782 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §§114-e, 224-b & 1809-f, Art 11 §389, amd §§502, 510, 1180 & 1680, V & T L; add §§120.63, 120.65, 125.65 & 145.28, Pen L; add §85, St Fin L

S7782 - Bill Texts

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Enacts the "crash zone safety act"; establishes a speed limit which is 20 miles per hour less than the posted speed limit at and near the scene of an emergency; establishes enhanced penalties and surcharges for violations thereof; requires the establishment of a public and driver education program relating to such provisions; establishes criminal penalties and civil liability for property damage, personal injury or death arising from operation of a motor vehicle in violation of such speed limit; establishes the emergency zone safety education fund.

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BILL NUMBER:S7782

TITLE OF BILL: An act to amend the vehicle and traffic law, the penal
law and the state finance law, in relation to enacting the "crash zone
safety act"

PURPOSE OR GENERAL IDEA OF BILL: To protect law enforcement and emer-
gency workers by requiring motorists to move over and slow down when
approaching an "Emergency Zone." The bill establishes an "Emergency Zone
Education Fund" to educate the public on emergency zone safety.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 is the short title, the "Crash Zone Safety Act."

Section 2 establishes the parameters of the Emergency Zone and those
vehicles that are protected within the zone. The Emergency Zone is the
distance along the highway extending five hundred feet of longitudinal
distance with the flow of traffic and visibility from the rear of an
authorized emergency vehicle, hazard vehicle or volunteer first respon-
der that is displaying one or more red or combination red and white
lights, one or more amber lights, a blue light, or green light to a
point five hundred feet past any such vehicle or five hundred feet past
and Emergency Zone sign to a point five hundred feet past any such vehi-
cle, whichever shall be a greater distance.

Section 3 establishes the Emergency Zone Education Program in which the
Commissioner of Transportation will determine the rules and regulation
to provide education on laws to protect the safety of persons operating
motor vehicles in an emergency zone. The Commissioner will also have to
submit a biennial report by April 1, 2016, on the effectiveness of the
program with recommendations.

Section 4 makes every owner and operator of a vehicle jointly and
severally liable for any property damage, personal injury or wrongful
death when in violation of this law.

Section 5 requires the law relating to speed limit in an Emergency Zone
be covered in the learner's permit driver's manual.

Section 6 requires the law relating to speed limit in an Emergency Zone
to be added to the material covered in the written test upon the
submission of an application for a driver's license.

Section 7 amends the traffic law to a period of sixty days where the
holder is convicted of a violation.

Section 8 requires that no one operate a vehicle in an Emergency Zone in
excess of twenty miles below the posted speed limit or in excess of
twenty miles per hour, whichever shall be greater.

Section 9 outlines the punishments for violating the vehicle and traffic
law.

Section 10 provides that the Commissioner of Transportation shall estab-
lish specifications for the form, construction use and placement of
Emergency Zone signs.

Section 11 establishes the surcharge of maximum violations of speed
limits in an Emergency Zone in addition to a fine of not less than one
hundred dollars, nor more than two hundred and fifty dollars. The
collecting authority will pay the surcharge to the state comptroller to
be deposited in the emergency zone education fund.

Section 12 adds two new sections to the penal law pertaining to motor
vehicle operators who cause physical injury to another person making
aggravated vehicular assault in an Emergency Zone a class A misdemeanor.

Section 13 establishes vehicular manslaughter in an Emergency Zone as a
class E felony.

Section 14 establishes criminal mischief in an Emergency Zone and a
violation when he or she causes damage to the property of another person
while operating a motor vehicle in an Emergency Zone.

Section 15 amends the state finance law to create the "Emergency Zone
Education Fund" and establishes join custody of the State Comptroller
and the Commissioner of Taxation and Finance. The fund shall consist of
all monies appropriated for its purpose and monies paid by mandatory
surcharges.

Section 16 makes the Commissioner of Transportation submit a report to
the governor, temporary president of the senate and the speaker of the
assembly analyzing the effectiveness of the provisions by September 1,
2019.

Section 17 establishes an effective date of November 1, 2014.

JUSTIFICATION: Although legislation exists to protect law enforcement
and emergency workers who respond to accidents more needs to be done.
This bill establishes a specific "Crash Zone" where drivers must slow
down and move over when they are approaching authorized emergency vehi-
cles whose lights are flashing on highway or roadway in New York. The
bill creates severe penalties for those who put the lives of our law
enforcement and first responders at risk. It also establishes an "Emer-
gency Zone Education Fund" to educate the public and new drivers about
crash zones and how to safely navigate them.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1, 2014

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

                                  7782

                            I N  S E N A T E

                              June 9, 2014
                               ___________

Introduced  by  Sens.  LIBOUS, GRISANTI, RANZENHOFER, SEWARD, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Transportation

AN ACT to amend the vehicle and traffic law, the penal law and the state
  finance law, in relation to enacting the "crash zone safety act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "crash zone safety act".
  S  2.  The  vehicle and traffic law is amended by adding a new section
114-e to read as follows:
  S 114-E. EMERGENCY ZONE. THAT DISTANCE ALONG A HIGHWAY EXTENDING  FIVE
HUNDRED FEET OF LONGITUDINAL DISTANCE WITH THE FLOW OF TRAFFIC AND VISI-
BILITY  FROM THE REAR OF AN AUTHORIZED EMERGENCY VEHICLE, HAZARD VEHICLE
OR VOLUNTEER FIRST RESPONDER WHICH IS PARKED, STOPPED OR STANDING ON THE
SHOULDER OR ANY PORTION OF SUCH HIGHWAY WHILE SUCH VEHICLE  OPERATED  IN
THE  COURSE  OF  RESPONDING  TO  AN  EMERGENCY AND WHILE SUCH VEHICLE IS
DISPLAYING ONE OR MORE RED OR COMBINATION RED AND WHITE LIGHTS  PURSUANT
TO  THE PROVISIONS OF PARAGRAPH TWO AND SUBPARAGRAPH B OF PARAGRAPH FOUR
OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED SEVENTY-FIVE  OF  THIS
CHAPTER,  OR  ONE  OR  MORE  AMBER LIGHTS PURSUANT TO PARAGRAPH THREE OF
SUBDIVISION FORTY-ONE OF SECTION  THREE  HUNDRED  SEVENTY-FIVE  OF  THIS
CHAPTER, OR A BLUE LIGHT PURSUANT TO SUBPARAGRAPH A OF PARAGRAPH FOUR OF
SUBDIVISION  FORTY-ONE  OF  SECTION  THREE  HUNDRED SEVENTY-FIVE OF THIS
CHAPTER, OR A GREEN LIGHT PURSUANT  TO  PARAGRAPH  FIVE  OF  SUBDIVISION
FORTY-ONE  OF  SECTION  THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, TO A
POINT FIVE HUNDRED FEET PAST ANY SUCH VEHICLE, OR FIVE HUNDRED FEET PAST
AN EMERGENCY ZONE SIGN TO A POINT FIVE HUNDRED FEET PAST ANY SUCH  VEHI-
CLE, WHICHEVER SHALL BE A GREATER DISTANCE.
  S  3.  The  vehicle and traffic law is amended by adding a new section
224-b to read as follows:
  S 224-B. ESTABLISHMENT OF THE EMERGENCY ZONE EDUCATION PROGRAM.    THE
COMMISSIONER  OF TRANSPORTATION, AFTER CONSULTATION WITH THE COMMISSION-
ER, SHALL PROMULGATE RULES AND REGULATIONS REGARDING  THE  ESTABLISHMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14032-04-4

S. 7782                             2

AND IMPLEMENTATION OF AN EMERGENCY ZONE EDUCATION PROGRAM.  THE EMERGEN-
CY  ZONE  EDUCATION  PROGRAM  SHALL  BE  ESTABLISHED  FOR THE PURPOSE OF
PROVIDING EDUCATION, ADVOCACY AND  LAWS  PERTAINING  TO  PROTECTING  THE
SAFETY  OF PERSONS OPERATING MOTOR VEHICLES WITHIN AN EMERGENCY ZONE AND
THE VICTIMS OF EMERGENCIES.   THE PROGRAM  SHALL  PROVIDE  FUNDING  FROM
MONEY  APPROPRIATED  TO  THE  DEPARTMENT  FROM THE EMERGENCY ZONE SAFETY
EDUCATION FUND, AS ESTABLISHED  BY  SECTION  EIGHTY-FIVE  OF  THE  STATE
FINANCE  LAW FOR ACTIVITIES SUCH AS PUBLIC SERVICE ANNOUNCEMENTS, PUBLIC
EDUCATION AND AWARENESS CAMPAIGNS, DISTRIBUTION OF LITERATURE,  AND  ANY
OTHER ACTIVITIES THAT ARE CONSISTENT WITH SUCH PURPOSES.
  2.  IT  SHALL  BE  THE  DUTY  OF THE COMMISSIONER OF TRANSPORTATION TO
SUBMIT, ON OR BEFORE APRIL FIRST COMMENCING IN TWO THOUSAND  SIXTEEN,  A
BIENNIAL  REPORT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY WHICH SHALL INCLUDE AN ASSESSMENT OF THE
EFFECTIVENESS OF THE PROGRAM, RECOMMENDATIONS FOR EXPANDING OR IMPROVING
THE PROGRAM, AND ANY PROBLEMS OR OTHER MATTERS RELATED TO  THE  ADMINIS-
TRATION OF THE PROGRAM.
  S  4. Article 11 of the vehicle and traffic law is amended by adding a
new section 389 to read as follows:
  S 389. OPERATION OF A VEHICLE IN AN EMERGENCY ZONE;  CIVIL  LIABILITY.
EVERY OWNER OF A MOTOR VEHICLE OPERATED IN THIS STATE AND EVERY OPERATOR
OF  SUCH  A  VEHICLE  SHALL  BE  JOINTLY AND SEVERALLY LIABLE FOR TREBLE
DAMAGES IN ANY CAUSE OF ACTION  FOR  PROPERTY  DAMAGE,  PERSONAL  INJURY
AND/OR  WRONGFUL DEATH WHEN SUCH MOTOR VEHICLE WAS OPERATED IN VIOLATION
OF SUBDIVISION (F-1) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  CHAPTER
AND  THE  DAMAGE,  INJURY  OR  DEATH  WAS  PROXIMATELY  CAUSED  BY  SUCH
VIOLATION.
  S 5. Subdivision 3 of section 502 of the vehicle and traffic  law,  as
amended  by  chapter  458  of  the  laws  of 2011, is amended to read as
follows:
  3. Application for learner's permit. An application  for  a  learner's
permit  shall  be included in the application for a license. A learner's
permit shall be issued in such form as the commissioner shall  determine
but shall not be issued unless the applicant has successfully passed the
vision test required by this section and the test set forth in paragraph
(a) of subdivision four of this section with respect to laws relating to
traffic and ability to read and comprehend traffic signs and symbols and
has  satisfactorily  completed any course required pursuant to paragraph
(a) of subdivision four of this section. Upon acceptance of an  applica-
tion for a learner's permit the commissioner shall provide the applicant
with  a  driver's  manual  which includes but is not limited to the laws
relating to traffic, the laws relating to and physiological  effects  of
driving  while  ability  impaired and driving while intoxicated, the law
for exercising due care to avoid colliding with  a  parked,  stopped  or
standing  authorized  emergency  vehicle  or  hazard vehicle pursuant to
section eleven hundred forty-four-a of this chapter, THE LAW RELATING TO
THE SPEED LIMIT WITHIN AN EMERGENCY  ZONE  PURSUANT  TO  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  CHAPTER,  explanations  of  traffic signs and
symbols and such other matters as the commissioner may prescribe.
  S 6. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 458 of the laws of
2011, is amended to read as follows:
  (i) Upon submission of an application  for  a  driver's  license,  the
applicant  shall be required to take and pass a test, or submit evidence
of passage of a test, with respect to the laws relating to traffic,  the
laws  relating to driving while ability is impaired and while intoxicat-

S. 7782                             3

ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty" awareness as defined by the commissioner, the law relating to  exer-
cising  due  care  to avoid colliding with a parked, stopped or standing
authorized emergency vehicle or hazard vehicle pursuant to section elev-
en  hundred  forty-four-a of this chapter, THE LAW RELATING TO THE SPEED
LIMIT WITHIN AN EMERGENCY ZONE PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER, the ability to read and comprehend  traffic  signs  and
symbols and such other matters as the commissioner may prescribe, and to
satisfactorily  complete  a course prescribed by the commissioner of not
less than four hours and not more than five hours, consisting of  class-
room  driver  training  and highway safety instruction or the equivalent
thereof. Such test  shall  include  at  least  seven  written  questions
concerning the effects of consumption of alcohol or drugs on the ability
of  a  person  to  operate  a  motor vehicle and the legal and financial
consequences resulting from violations of section eleven  hundred  nine-
ty-two  of  this  chapter,  prohibiting the operation of a motor vehicle
while under the influence of alcohol or drugs. Such test  shall  include
one  or  more  written  questions  concerning the devastating effects of
"Road Rage" on the ability of a person to operate a  motor  vehicle  and
the  legal and financial consequences resulting from assaulting, threat-
ening or interfering with the lawful conduct of another  person  legally
using  the  roadway.  Such  test  shall  include  one  or more questions
concerning the potential dangers to persons and equipment resulting from
the unsafe operation of a motor vehicle in a work zone.  Such  test  may
include one or more questions concerning the law for exercising due care
to  avoid  colliding with a parked, stopped or standing authorized emer-
gency vehicle or hazard  vehicle  pursuant  to  section  eleven  hundred
forty-four-a  of  this  chapter.  Such test shall be administered by the
commissioner. The commissioner shall  cause  the  applicant  to  take  a
vision  test  and a test for color blindness. Upon passage of the vision
test, the application may be accepted and the application fee  shall  be
payable.
  S  7.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xviii) to  read  as
follows:
  (XVIII)  FOR A PERIOD OF SIXTY DAYS WHERE THE HOLDER IS CONVICTED OF A
VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS
CHAPTER  WITHIN THIRTY-SIX MONTHS OF A PREVIOUS VIOLATION OF SUCH SUBDI-
VISION.
  S 8. Subdivisions (e) and (f) of section 1180 of the vehicle and traf-
fic law, subdivision (e) as amended by chapter 465 of the laws  of  2010
and  subdivision  (f) as amended by chapter 432 of the laws of 1997, are
amended and a new subdivision (f-1) is added to read as follows:
  (e) The driver of every vehicle shall, consistent  with  the  require-
ments  of  subdivision  (a)  of  this  section,  drive at an appropriate
reduced speed when approaching and crossing an intersection  or  railway
grade  crossing,  when  approaching  and  going  around  a  curve,  when
approaching a hill crest, [when approaching and passing by an  emergency
situation  involving  any  authorized emergency vehicle which is parked,
stopped or standing on a highway and which is displaying one or more red
or combination red, white, and/or blue lights pursuant to the provisions
of paragraph two and subparagraph b of  paragraph  four  of  subdivision
forty-one  of  section three hundred seventy-five of this chapter,] when
traveling upon any narrow or  winding  roadway,  and  when  any  special
hazard exists with respect to pedestrians, or other traffic by reason of

S. 7782                             4

weather  or  highway conditions, including, but not limited to a highway
construction or maintenance work area.
  (f)  Except as provided in [subdivision] SUBDIVISIONS (F-1) AND (g) of
this section and except when a special hazard exists that requires lower
speed for compliance with subdivision (a) or (e) of this section or when
a lower maximum speed limit has been established, no person shall  drive
a  vehicle  through a highway construction or maintenance work area at a
speed in excess of the posted work area speed limit. The  agency  having
jurisdiction over the affected street or highway may establish work area
speed  limits  which  are  less  than  the normally posted speed limits;
provided, however, that such normally posted speed limit may exceed  the
work  area  speed  limit  by  no  more  than  twenty miles per hour; and
provided further that no such work area speed limit may  be  established
at less than twenty-five miles per hour.
  (F-1) NO PERSON SHALL OPERATE A VEHICLE THROUGH AN EMERGENCY ZONE AT A
SPEED IN EXCESS OF TWENTY MILES PER HOUR BELOW THE POSTED SPEED LIMIT OR
IN EXCESS OF TWENTY MILES PER HOUR, WHICHEVER SHALL BE GREATER.
  S 9. The opening paragraph and the opening paragraph of paragraph 4 of
subdivision  (h)  of  section  1180  of the vehicle and traffic law, the
opening paragraph as amended by chapter 173 of the laws of 1990 and  the
opening  paragraph  of  paragraph 4 as amended by section 7 of part C of
chapter 62 of the laws of 2003, are amended to read as follows:
  Upon a conviction for a violation of subdivision (b), (c),  (d),  (f),
(F-1)  or  (g)  of  this  section, the court shall record the speed upon
which the conviction was based on the certificate required to  be  filed
with  the commissioner pursuant to section five hundred fourteen of this
chapter, or if the  conviction  occurs  in  an  administrative  tribunal
established  pursuant  to  article two-A of this chapter, the speed upon
which the conviction was based shall  be  entered  in  the  department's
records.
  Every  person  convicted  of  a  violation  of subdivision (c) of this
section when such violation occurs in  a  school  speed  zone  during  a
school day between the hours of seven o'clock A.M. and six o'clock P.M.,
OR A VIOLATION OF SUBDIVISION (F-1) OF THIS SECTION shall be punished as
follows:
  S  10. Subdivision (a) of section 1680 of the vehicle and traffic law,
as amended by chapter 722 of the laws of 2006, is  amended  to  read  as
follows:
  (a) The department of transportation shall maintain a manual and spec-
ifications  for  a  uniform system of traffic-control devices consistent
with the provisions of this chapter for use upon  highways  within  this
state.  Such uniform system shall correlate with and so far as practica-
ble conform to nationally accepted standards. To  the  extent  that  the
National Manual on Uniform Traffic Control Devices (hereinafter referred
to  in this section as MUTCD), promulgated by the Federal Highway Admin-
istration pursuant to subpart F of part 655 of Title 23 of the  Code  of
Federal Regulations and subject to a public comment period under federal
law,  does  not  conflict  with  the  provisions of this chapter and the
provisions of other laws of the state, the National MUTCD shall  consti-
tute such state manual and specifications; provided, however, such manu-
al and specifications may be modified by the commissioner of transporta-
tion by the adoption of a supplement or supplements as such commissioner
of transportation determines warranted and in compliance with the appli-
cable  provisions  of the state administrative procedure act.  PROVIDED,
FURTHER, THAT THE COMMISSIONER OF TRANSPORTATION SHALL  ESTABLISH  SPEC-
IFICATIONS  FOR  THE  FORM, CONSTRUCTION, USE AND PLACEMENT OF EMERGENCY

S. 7782                             5

ZONE SIGNS, WHICH SHALL BE INCLUDED IN THE MANUAL. The  manual  and  its
specifications  is  adopted  as  the  state standard for traffic control
devices on any street, highway, or bicycle path open to  public  travel.
No person shall install or maintain in any area of private property used
by  the  public  any  sign,  signal, marking or other device intended to
regulate, warn or guide traffic unless it conforms with the state manual
and specifications  maintained  under  this  section.  Unless  otherwise
provided  for  by  the  adoption  of a supplement by the commissioner of
transportation, the operational practices related to emergency  incident
responses  provided  in  the  manual  shall apply to police officers and
other emergency responders responding to an emergency only in so far  as
such  officers  or  emergency responders deem compliance with the manual
practicable.
  S 11. The vehicle and traffic law is amended by adding a  new  section
1809-f to read as follows:
  S 1809-F. MANDATORY SURCHARGE FOR VIOLATION OF MAXIMUM SPEED LIMITS IN
EMERGENCY  ZONE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHENEVER
PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR COURT RESULT IN  A  FINDING
OF  LIABILITY  OR  CONVICTION  FOR  A  VIOLATION OF SUBDIVISION (F-1) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, THERE SHALL BE  LEVIED  A
MANDATORY  SURCHARGE  IN ADDITION TO ANY OTHER SENTENCE, FINE OR PENALTY
OTHERWISE PERMITTED OR REQUIRED, IN AN  AMOUNT  OF  NOT  LESS  THAN  ONE
HUNDRED DOLLARS, NOR MORE THAN TWO HUNDRED FIFTY DOLLARS. SUCH SURCHARGE
SHALL  NOT  BE DEEMED A MONETARY PENALTY FOR THE PURPOSES OF SECTION TWO
HUNDRED THIRTY-SEVEN OF THIS CHAPTER OR SECTION 19-203 OF  THE  ADMINIS-
TRATIVE CODE OF THE CITY OF NEW YORK.
  2.  THE  MANDATORY  SURCHARGE  PROVIDED FOR IN SUBDIVISION ONE OF THIS
SECTION SHALL BE PAID TO THE CLERK OF THE COURT OR ADMINISTRATIVE TRIBU-
NAL THAT MADE THE DETERMINATION OF LIABILITY. WITHIN THE FIRST TEN  DAYS
OF  THE  MONTH  NEXT  SUCCEEDING  THE  COLLECTION OF SUCH SURCHARGE, THE
COLLECTING AUTHORITY SHALL PAY SUCH MONEY TO THE STATE COMPTROLLER TO BE
DEPOSITED IN THE EMERGENCY ZONE SAFETY  EDUCATION  FUND  ESTABLISHED  BY
SECTION EIGHTY-FIVE OF THE STATE FINANCE LAW.
  S  12.  The penal law is amended by adding two new sections 120.63 and
120.65 to read as follows:
S 120.63 VEHICULAR ASSAULT IN AN EMERGENCY ZONE.
  A PERSON IS GUILTY OF VEHICULAR ASSAULT IN AN EMERGENCY ZONE  WHEN  HE
OR  SHE  CAUSES PHYSICAL INJURY TO ANOTHER PERSON, WHILE HE OR SHE OPER-
ATES A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW, AFTER  HAVING  PREVIOUSLY
BEEN  CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A VIOLATION OF SUCH
SUBDIVISION.
  VEHICULAR ASSAULT IN AN EMERGENCY ZONE IS A CLASS B MISDEMEANOR.
S 120.65 AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY ZONE.
  A PERSON IS GUILTY OF AGGRAVATED VEHICULAR  ASSAULT  IN  AN  EMERGENCY
ZONE  WHEN  HE  OR SHE CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
WHILE HE OR SHE OPERATES A MOTOR VEHICLE  IN  VIOLATION  OF  SUBDIVISION
(F-1)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW,
AFTER HAVING PREVIOUSLY BEEN CONVICTED, WITHIN THE PREVIOUS THREE YEARS,
OF A VIOLATION OF SUCH SUBDIVISION.
  AGGRAVATED VEHICULAR ASSAULT IN AN EMERGENCY ZONE IS A CLASS A  MISDE-
MEANOR.
  S  13. The penal law is amended by adding a new section 125.65 to read
as follows:
S 125.65 VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE.

S. 7782                             6

  A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE WHEN
HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON, WHILE HE OR SHE OPERATES A
MOTOR VEHICLE IN  VIOLATION  OF  SUBDIVISION  (F-1)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF THE VEHICLE AND TRAFFIC LAW, AFTER HAVING PREVIOUSLY
BEEN  CONVICTED, WITHIN THE PREVIOUS THREE YEARS, OF A VIOLATION OF SUCH
SUBDIVISION.
  VEHICULAR MANSLAUGHTER IN AN EMERGENCY ZONE IS A CLASS E FELONY.
  S 14. The penal law is amended by adding a new section 145.28 to  read
as follows:
S 145.28 CRIMINAL MISCHIEF IN AN EMERGENCY ZONE.
  A  PERSON  IS GUILTY OF CRIMINAL MISCHIEF IN AN EMERGENCY ZONE WHEN HE
OR SHE CAUSES DAMAGE TO THE PROPERTY OF ANOTHER PERSON, WHILE HE OR  SHE
OPERATES  A  MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (F-1) OF SECTION
ELEVEN HUNDRED EIGHTY OF THE  VEHICLE  AND  TRAFFIC  LAW,  AFTER  HAVING
PREVIOUSLY  BEEN  CONVICTED,  WITHIN  THE  PREVIOUS  THREE  YEARS,  OF A
VIOLATION OF SUCH SUBDIVISION.
  CRIMINAL MISCHIEF IN AN EMERGENCY ZONE IS A VIOLATION.
  S 15. The state finance law is amended by adding a new section  85  to
read as follows:
  S  85. EMERGENCY ZONE SAFETY EDUCATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A SPECIAL REVENUE FUND TO  BE  KNOWN  AS  THE
"EMERGENCY ZONE SAFETY EDUCATION FUND".
  2. THE FUNDS SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE,
ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISIONS OF LAW TO BE
PAID  INTO  OR  CREDITED  TO  SUCH  FUND,  COLLECTED  BY  THE  MANDATORY
SURCHARGES IMPOSED PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  EIGHTEEN
HUNDRED NINE-F OF THE VEHICLE AND TRAFFIC LAW. NOTHING CONTAINED IN THIS
SECTION  SHALL  PREVENT  THE DEPARTMENT OF MOTOR VEHICLES FROM RECEIVING
GRANTS OR OTHER APPROPRIATIONS FOR THE PURPOSES OF THE FUND  AS  DEFINED
IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE DISBURSED TO IMPLEMENT
THE  PROVISIONS  OF SECTION TWO HUNDRED TWENTY-FOUR-B OF THE VEHICLE AND
TRAFFIC LAW AND MAY BE USED TO EXECUTE CONTRACTS WITH PRIVATE  ORGANIZA-
TIONS  FOR  SUCH  PURPOSES. SUCH CONTRACTS SHALL BE AWARDED UPON COMPET-
ITIVE BIDS AFTER THE ISSUANCE OF REQUESTS FOR PROPOSALS.
  S 16. On or before September 1, 2019, the commissioner of  transporta-
tion  shall  submit a report to the governor, the temporary president of
the senate and the speaker of the assembly detailing and  analyzing  the
effectiveness  of  the provisions of this act in improving the safety at
the scenes of highway emergencies.
  S 17. This act shall take effect November 1, 2014; provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.

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