Assembly Bill A7877

2013-2014 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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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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2013-A7877 (ACTIVE) - Details

See Senate Version of this Bill:
S3969
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.75, 120.80, 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
2015-2016: A7224, S3666
2017-2018: A7164, S3913
2019-2020: A8317, S3233
2021-2022: A6999

2013-A7877 (ACTIVE) - Summary

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

2013-A7877 (ACTIVE) - Bill Text download pdf

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

                                  7877

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced by M. of A. CUSICK, BOYLAND, GABRYSZAK, MARKEY, TITONE, WEIS-
  ENBERG -- 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:
S 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.
S 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.
                                                           LBD08674-01-3
              

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