Assembly Bill A1976

2021-2022 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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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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2021-A1976 (ACTIVE) - Details

See Senate Version of this Bill:
S2650
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.65, 120.66, 125.28 & 125.29, Pen L; add §1221-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6098
2011-2012: S156
2013-2014: A4560, S1052
2015-2016: A2591, S2975
2017-2018: A1642, S258
2019-2020: A1581, S5271
2023-2024: A2021, S193

2021-A1976 (ACTIVE) - Summary

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

2021-A1976 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1976
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. HAWLEY, MONTESANO, DiPIETRO, REILLY, MORINELLO,
   DeSTEFANO, ASHBY, SALKA, M. MILLER -- Multi-Sponsored by -- M.  of  A.
   BYRNES -- 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 four new sections
 120.65, 120.66, 125.28 and 125.29 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02034-01-1
              

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