What's happening
This bill creates new criminal penalties for drivers who unlawfully enter active work zones and cause injury or death.
Why it matters
Creates new felony offenses targeting drivers who unlawfully enter active work zones and cause injury or death. , distinguishing between criminal negligence and recklessness, and assigning higher penalties for reckless conduct (including up to a class B felony for causing death).
Defines “active work zone” specifically as an area marked with clear signage and where workers are physically present. , which could make it easier for prosecutors to prove violations and for drivers to understand when heightened caution is required.
Establishes a new misdemeanor for merely intruding into an active work zone without causing harm. , signaling a legislative intent to deter risky behavior before it escalates to injury or fatality.
May increase driver accountability and worker safety by providing law enforcement and prosecutors with clearer legal tools to address dangerous driving in work zones. , potentially reducing the number of incidents and severity of outcomes for roadside workers.
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Who cares
Construction, maintenance and utility workers
The bill would create felony offenses for unauthorized motor vehicle entry into marked work zones where workers are present when criminal negligence or recklessness causes serious injury or death.
Drivers
Unauthorized entry into an active work zone would be a class B misdemeanor carrying a $250–$500 fine, up to three months in jail, or both, even without an injury.
Flaggers and work-zone traffic controllers
Their directions, along with those of police officers and traffic control devices, would determine whether drivers have permission to enter active work zones.
Prosecutors
The bill would establish work-zone assault and manslaughter charges ranging from class E to class B felonies, depending on the driver's culpability and whether the intrusion causes serious injury or death.
Headline styles
Criminalize Work Zone Intrusions
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to codes
- 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.
Tougher Penalties for Work Zone Crimes
In Assembly Committee · Codes · Sponsor Diane J. Savino
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7164
2017-2018 Regular Sessions
IN ASSEMBLY
April 11, 2017
Introduced by M. of A. CUSICK, TITONE, BENEDETTO, ORTIZ, MOSLEY -- Multi-Sponsored by -- M. of A. SEPULVEDA -- 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 Assembly, 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: § 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 officer 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. § 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09307-02-7
A. 7164 2
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 officer 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.
§ 2. The penal law is amended by adding two new sections 125.65 and 125.70 to read as follows: § 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 officer 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. § 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 officer 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.
§ 3. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows:
A. 7164 3
§ 1221-a. Intrusion into an active work zone. 1. No driver of a vehicle shall enter or intrude into an active work zone except upon direction 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 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 imprisonment.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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