What's happening
This bill creates new criminal penalties for causing injury or death by unlawfully entering active work zones with a vehicle in New York.
Why it matters
Establishes specific felony and misdemeanor charges. for injuries or deaths caused by unauthorized vehicle entry into active work zones, distinguishing between levels of negligence (criminal negligence vs. recklessness) and severity of harm (injury vs. death), which could lead to significantly harsher penalties compared to existing traffic laws.
Defines "active work zones" and "permission" with precision,. clarifying when and where the new penalties apply—only in areas where construction, maintenance, or utility work is actively underway and workers are physically present, making it easier to prosecute violations and protect vulnerable roadside workers.
Creates a clear deterrent for dangerous driving behaviors. by introducing new criminal consequences—including felony charges for causing injury or death and a misdemeanor for simply entering a work zone without authorization—aiming to change driver behavior and improve safety for road workers and the public.
Aligns the legal response to work zone intrusions with public safety priorities,. sending a message that the state considers the protection of workers in these zones as serious as similar offenses involving injury or death in other contexts, and potentially encouraging greater compliance with work zone controls.
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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
Entering an active work zone without authorized direction would become a class B misdemeanor punishable by a $250–$500 fine, up to three months in jail, or both.
Prosecutors and criminal defense attorneys
The bill would establish work-zone assault and manslaughter charges ranging from class E to class B felonies, depending on the driver's conduct and whether serious injury or death results.
Flaggers, police officers and designated traffic controllers
Their directions, along with traffic control devices, would determine whether drivers have permission to enter active work zones.
Headline styles
Tougher Penalties for Work Zone Crimes
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.712
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.170
- 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.
Criminalize Work Zone Intrusions
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3913
2017-2018 Regular Sessions
IN SENATE
January 30, 2017
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 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:
a. enters or intrudes into an active work zone without permission while operating a motor vehicle; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09307-02-7
S. 3913 2
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:
§ 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
S. 3913 3
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.
Sponsor's memo
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), vehicular manslaughter in an active work zone in the second degree (a class C felony), vehicular assault in an active work zone in the first degree (a class D felony) and vehicular assault in an active 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.
Read the full memo (655 words)
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
2016 - Passed Senate 58-0; died in Assembly Codes. 2015 - Passed Senate 60-0; died in Assembly Codes. 2014 - Passed Senate 60-0; died in Assembly Codes. 2013 - Passed Senate 60-1; died in Assembly Codes. 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.