Assembly Bill A7164

2017-2018 Legislative Session

Relates to the establishment of the crimes of vehicular assault and vehicular manslaughter in active work zones

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A7164 (ACTIVE) - Details

See Senate Version of this Bill:
S3913
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 125.80, 125.65 & 125.70, Pen L; add §1221-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7382, S3862
2011-2012: A6409, S3912
2013-2014: A7877, S3969
2015-2016: A7224, S3666
2019-2020: A8317, S3233
2021-2022: A6999

2017-A7164 (ACTIVE) - Summary

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

2017-A7164 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7164
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CUSICK,  TITONE, BENEDETTO, ORTIZ, MOSLEY --
   Multi-Sponsored by -- M. of A. SEPULVEDA -- 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:
 § 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.
 § 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.
                                                            LBD09307-02-7
              

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