Bill S1052-2013

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

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

Details

Actions

  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to codes
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1419
  • Jun 18, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 9, 2013: REFERRED TO CODES

Votes

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1052 2013-2014 Regular Sessions IN 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.
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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