What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.362
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1157
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes the crimes of vehicular assault and vehicular manslaughter in an active work zone and intrusion into an active work zone
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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).
Read the full memo (613 words)
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.