S1052-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1052-2013 Memo

BILL NUMBER:S1052

TITLE OF BILL:
An  act  to  amend  the  penal law and the vehicle and traffic law, in
relation to safety in active work zones

PURPOSE:
Creating criminal statutes for vehicular assault and  manslaughter  in
an active workzone.

SUMMARY OF PROVISIONS:
Section,  1  creates  the  crime  of  vehicular  assault  in an active
workzone, both in the first (class D felony) and second degree  (class
E felony).

And  also  creates  the  crime  of vehicular manslaughter in an active
workzone, both in the first (class B felony) and second degree  (class
C felony).

Section  2  amends  the vehicle and traffic law to create the crime of
intrusion into an active workzone, a class B misdemeanor.

JUSTIFICATION:
In the past 5 years,  the  average  number  of  work  zone  fatalities
nationally  was 1,020 per year. Of these, 14.3% were workers in active
traffic situations. In  2005,  within  New  York  State,  605  crashes
occurred   in   work   zones   established   by  State  Department  of
Transportation (State DOT)  Of  these,  17  people  were  killed  (all
drivers), and 220 were injured, of which 18 were State DOT workers.

On  September  22,  2005, New York City's Department of Transportation
(City DOT) lost one of its own when  a  driver  recklessly  entered  a
closed off, active work zone and fatally struck Assistant City Highway
Repairman  Nicholas  Antico and injured two other City DOT workers who
were performing maintenance work on a major street in the  borough  of
Staten Island.

The Work Zone Safety Act, Chapter 223 of 2005, was enacted into law as
a  result  of  a fatal accident in a work zone in Binghamton involving
three workers. This Chapter provided a combination  of  tougher  penal
ties  for speeding in work zones, driver's license suspensions, and an
education campaign. It provided  that  State  DOT  develop  rules  and
regulations  for  increasing  safety  in  work zones, including police
Presence in work zones, use of radar speed display signs, and a system
for reviewing safety and design in work zones

To build on the Workzone Safety Act of 2005, penalties  to  deal  with
drivers  who  are convicted of either killing or injuring construction
workers are needed. This  proposed  bill  would  establish  tough  new
penalties  for  injuring  or  killing a construction worker that would
serve as a deterrent to driving carelessly  in  a  construction  zone.
These proposed additional classes of crimes, as with those established
for  injuring  or  killing police officers, would give prosecutors and
judges additional flexibility in punishing offenders.

LEGISLATIVE HISTORY:


S.7871  of 2008; Referred to Codes
S.6098A of 2009-2010; Referred to Codes
S.156   of 2011-2012; Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.

S1052-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1052
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens. MAZIARZ, KENNEDY, LIBOUS -- 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:

 

S 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.
 

S 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.
 LBD02069-01-3
 
       S. 1052                             2
 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 FIRST DEGREE IS A
 CLASS D FELONY.
 

S 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 WHILE OPERATING A
 MOTOR VEHICLE; AND
 (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF 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 MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE SECOND DEGREE  IS
 A CLASS C FELONY.
 

S 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  WHILE  OPERATING  A
 MOTOR VEHICLE; AND
 (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF 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 MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE IS A
 CLASS B FELONY.
 

S  2.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read as follows:

 

S 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI
 CLE,  OPERATOR OF A BICYCLE OR PEDESTRIAN SHALL ENTER OR INTRUDE INTO AN
 ACTIVE WORK ZONE, EXCEPT UPON DIRECTION FROM A FLAG PERSON, POLICE OFFI
 CER OR OTHER DESIGNATED 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
 ON A PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE CONSTRUCTION,  MAINTE
 NANCE  OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA IS PROPERLY DESIG
 NATED TO BE AN ACTIVE WORK ZONE BY SIGNS,  CONES  AND/OR  OTHER  TRAFFIC
 CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY 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.
 

S 3. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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