S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3233
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 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:
 § 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:
   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.
              

                                                            LBD05895-01-9

 S. 3233                             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.
   § 2. The penal law is amended by adding two new  sections  125.65  and
 125.70 to read as follows:
 § 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.
 § 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.
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 1221-a to read as follows:
   §  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. 3233                             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.
   § 4. This act shall take effect immediately.