Bill S3969-2013

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

  • Mar 27, 2014: ADVANCED TO THIRD READING
  • Mar 26, 2014: 2ND REPORT CAL.
  • Mar 25, 2014: 1ST REPORT CAL.362
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 12, 2013: referred to codes
  • Jun 12, 2013: DELIVERED TO ASSEMBLY
  • Jun 12, 2013: PASSED SENATE
  • Jun 11, 2013: ADVANCED TO THIRD READING
  • Jun 10, 2013: 2ND REPORT CAL.
  • Jun 5, 2013: 1ST REPORT CAL.1157
  • Mar 1, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 5, 2013
Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Squadron, Perkins, Espaillat, Hoylman, O'Brien
Ayes W/R (1): Krueger
VOTE: COMMITTEE VOTE: - Codes - Mar 25, 2014
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Griffo, Avella, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger

Memo

BILL NUMBER:S3969

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

SUMMARY OF PROVISIONS:

This bill would amend the Vehicle and Traffic Law by defining the new crime of intrusion into an active work zone as a class B misdemeanor which will subject offenders to a fine of up to $500.00 and/or a maximum sentence of three months imprisonment. The bill would also amend the Penal Law by creating the new crimes of vehicular manslaughter in an active work zone in the first degree (a class B felony offense), vehicular manslaughter in an active work zone in the second degree (a class C felony offense), vehicular assault in a work zone in the first degree (a class D felony) and vehicular assault in a work zone in the second degree (a class E felony).

REASONS FOR SUPPORT:

The average number of work zone fatalities nationally between 2002 and 2007 was 1,011 per year. In 2005, within New York State, 605 crashes occurred in work zones established by the 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. In 2006, vehicle intrusions into. State DOT work zones resulted in 139 injuries and seven fatalities. In 2007, 11 people were killed in work zones within New York State.

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 penalties 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.

Missing from the Work Zone Safety Act, however, were penalties to deal with drivers who are convicted of either killing or injuring construction workers. 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 just as enhanced penalties for injuring or killing police officers serve as deterrents to the commission of those crimes. 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. Criminalizing the mere intrusion into a work zone even where injury and death do not occur will permit prosecution of this offense based upon witness testimony.

Currently, there are no penalties for intrusions into work zones which do not cause injury or death. City DOT experiences approximately two intrusions per month within New York City. This proposed new crime will deter such intrusions and will provide penalties for drivers who intrude into work zones despite signs or the presence of flag persons and other traffic control devices.

LEGISLATIVE HISTORY:

2012 - Passed Senate 60-1; died in Assembly Codes 2011 - Passed Senate 62-0; died in Assembly Codes 2010 - died in Codes Committees in both Houses 2009 - died in Codes Committees in both Houses

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3969 2013-2014 Regular Sessions IN SENATE March 1, 2013 ___________
Introduced by Sen. SAVINO -- 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 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
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 FIRST DEGREE IS A CLASS D FELONY. S 2. The penal law is amended by adding two new sections 125.65 and 125.70 to read as follows: 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 WITHOUT PERMISSION WHILE OPERATING A MOTOR VEHICLE; AND (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF 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 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 WITHOUT PERMISSION WHILE OPERATING A MOTOR VEHICLE; AND (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF 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 MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE IS A CLASS B FELONY. S 3. 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 SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC- TION FROM A FLAG PERSON, POLICE OFFICER OR OTHER VISIBLY 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 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 PHYS- ICALLY 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 4. This act shall take effect immediately.

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