Senate Bill S5271

2019-2020 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 Senate Committee Codes 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2019-S5271 (ACTIVE) - Details

See Assembly Version of this Bill:
A1581
Current Committee:
Senate Codes
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 Other Legislative Sessions:
2009-2010: S6098
2011-2012: S156
2013-2014: S1052, A4560
2015-2016: S2975, A2591
2017-2018: S258, A1642
2021-2022: S2650, A1976
2023-2024: S193, A2021

2019-S5271 (ACTIVE) - Summary

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

2019-S5271 (ACTIVE) - Sponsor Memo

2019-S5271 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5271
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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:
 § 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.
 § 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.