NY State Senate Bill 2019-S6016

Senate Bill S6016

2019-2020 Legislative Session

Relates to work zone safety and classifying the assault of certain highway and transportation workers as second degree assault

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
May 16, 2019	referred to codes

2019-S6016 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §120.05, Pen L; add §§118-a, 118-b, 118-c, 1221-a & 1221-b, V & T L

2019-S6016 (ACTIVE) - Summary

Creates the crime of intrusion into an active work zone, provides for work zone safety education and outreach, and classifies the assault of certain highway and transportation workers as second degree assault.

2019-S6016 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6016

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the penal law and the vehicle and traffic law, in
relation to work zone safety and classifying the assault of certain
highway and transportation workers as second degree assault

 
PURPOSE:

To protect highway and transportation workers from attacks or injuries
by increasing and enforcing penalties

 
SUMMARY OF PROVISIONS:

Section 1: Lays out sections and subdivisions

Section 2: Amends the vehicle and traffic law by adding three new 14
sections 118-a, 118-b and 118-c to read as follows:

Section 3: Amends the vehicle and traffic Law by adding a new section
1221-a

Section 4: Amends the vehicle and traffic law by adding a new section
1221-b

Section 5: Amends section 120.05 of the penal law by adding a new subdi-
vision 11-d

Section 6: Sets the effective date.

 
JUSTIFICATION:

New York employs a variety of workers including but not limited to:
cleaners, highway workers, motor vehicle inspectors, conductors, ticket
agents, etc. Many of these workers are exposed to a range of dangerous
and harmful conditions, and penalties must be placed to enforce their
safety.

Data from NY.gov states that In 2018, there were 701 crashes in work
zones on state roads and bridges, which resulted in 13 motorist fatali-
ties and 329 injuries to motorists, contractor employees and NYSDOT
staff. This bill will assist in making New York a safer state to work in
and assures that our focus is on safety and productivity, by creating
additional penalties for persons who enter into work zones, or assault a
worker.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6016 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6016
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  work  zone safety and classifying the assault of certain
   highway and transportation workers as second degree assault

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion 11 as separately amended by chapters 268 and 281  of  the  laws  of
 2016, are amended to read as follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic  enforcement  officer, traffic enforcement agent, HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW,  MOTOR  VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW,  MOTOR
 VEHICLE LICENSE EXAMINER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-C OF
 THE  VEHICLE AND TRAFFIC LAW, HIGHWAY INSPECTOR AS REFERENCED BY SECTION
 19-152 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,  or  employee
 of  any  entity  governed  by  the  public  service law in the course of
 performing an essential service, from performing a lawful duty, by means
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11241-01-9

 S. 6016                             2
 
 including releasing or failing to control an animal under  circumstances
 evincing the actor's intent that the animal obstruct the lawful activity
 of such peace officer, police officer, prosecutor as defined in subdivi-
 sion  thirty-one  of  section 1.20 of the criminal procedure law, regis-
 tered nurse, licensed practical nurse,  public  health  sanitarian,  New
 York  city  public  health sanitarian, sanitation enforcement agent, New
 York city sanitation worker, firefighter,  paramedic,  technician,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND  TRAFFIC  LAW,  MOTOR  VEHICLE  LICENSE  EXAMINER  AS
 DEFINED  IN  SECTION  ONE  HUNDRED EIGHTEEN-C OF THE VEHICLE AND TRAFFIC
 LAW, HIGHWAY INSPECTOR AS REFERENCED BY SECTION 19-152 OF  THE  ADMINIS-
 TRATIVE  CODE OF THE CITY OF NEW YORK, or employee of an entity governed
 by the public service law, he or she  causes  physical  injury  to  such
 peace  officer,  police  officer,  prosecutor  as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public  health  sanitarian,  sanitation enforcement agent, New York city
 sanitation worker, firefighter,  paramedic,  technician  or  medical  or
 related  personnel  in  a  hospital  emergency department, city marshal,
 school crossing guard, traffic enforcement officer, traffic enforcement,
 HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHI-
 CLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER  INVESTI-
 GATOR  AS  DEFINED  IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND
 TRAFFIC LAW, MOTOR VEHICLE LICENSE EXAMINER AS DEFINED  IN  SECTION  ONE
 HUNDRED  EIGHTEEN-C OF THE VEHICLE AND TRAFFIC LAW, HIGHWAY INSPECTOR AS
 REFERENCED BY SECTION 19-152 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF
 NEW  YORK, agent or employee of an entity governed by the public service
 law; or
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT, PERSON WHOSE
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR  BUS,  PERSON
 WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROU-
 BLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR
 UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVEN-
 UE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS STATION OR TERMINAL, OR
 A SUPERVISOR OF SUCH PERSONNEL employed by any transit agency, authority
 or company, public or private, whose operation is authorized by New York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-A
 OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRI-
 ER  INVESTIGATOR  AS  DEFINED  IN  SECTION ONE HUNDRED EIGHTEEN-B OF THE
 VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE LICENSE EXAMINER  AS  DEFINED  IN
 SECTION  ONE  HUNDRED EIGHTEEN-C OF THE VEHICLE AND TRAFFIC LAW, HIGHWAY
 INSPECTOR AS REFERENCED BY SECTION 19-152 OF THE ADMINISTRATIVE CODE  OF
 THE CITY OF NEW YORK, prosecutor as defined in subdivision thirty-one of
 section  1.20  of  the  criminal  procedure  law, sanitation enforcement
 agent, New York city sanitation worker, public  health  sanitarian,  New
 York city public health sanitarian, registered nurse, licensed practical

 S. 6016                             3
 
 nurse, emergency medical service paramedic, or emergency medical service
 technician,  he  or  she  causes physical injury to such train operator,
 ticket inspector, conductor, signalperson, bus operator, station  agent,
 station  cleaner  [or],  terminal  cleaner,  STATION CUSTOMER ASSISTANT,
 PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF  TICKETS,
 PASSES,  VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS,
 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS
 STATION OR TERMINAL, OR A SUPERVISOR OF SUCH  PERSONNEL,  city  marshal,
 school  crossing guard appointed pursuant to section two hundred eight-a
 of the general  municipal  law,  traffic  enforcement  officer,  traffic
 enforcement  agent,  HIGHWAY  WORKER  AS  DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND  TRAFFIC  LAW,  MOTOR  VEHICLE  LICENSE  EXAMINER  AS
 DEFINED  IN  SECTION  ONE  HUNDRED EIGHTEEN-C OF THE VEHICLE AND TRAFFIC
 LAW, HIGHWAY INSPECTOR AS REFERENCED BY SECTION 19-152 OF  THE  ADMINIS-
 TRATIVE  CODE OF THE CITY OF NEW YORK, prosecutor as defined in subdivi-
 sion thirty-one of section 1.20 of the criminal  procedure  law,  regis-
 tered  nurse,  licensed  practical  nurse, public health sanitarian, New
 York city public health sanitarian, sanitation  enforcement  agent,  New
 York  city  sanitation  worker,  emergency medical service paramedic, or
 emergency medical service technician, while such employee is  performing
 an assigned duty on, or directly related to, the operation of a train or
 bus,  [including  the  cleaning  of  a train or bus station or terminal]
 CLEANING OF A TRAIN OR BUS STATION OR TERMINAL OR MAINTENANCE OF A TRAIN
 OR BUS STATION OR  TERMINAL,  SIGNAL  SYSTEM,  ELEVATED  OR  UNDERGROUND
 SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD OR REVENUE TRAIN IN
 PASSENGER  SERVICE, or such city marshal, school crossing guard, traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED  IN  SECTION  ONE  HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
 LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR  AS  DEFINED
 IN  SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, MOTOR
 VEHICLE LICENSE EXAMINER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-C OF
 THE VEHICLE AND TRAFFIC LAW, HIGHWAY INSPECTOR AS REFERENCED BY  SECTION
 19-152 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent,  New York city sanitation worker, emergency medical service
 paramedic, or emergency medical  service  technician  is  performing  an
 assigned duty; or
   §  2.  The  vehicle  and  traffic  law  is amended by adding three new
 sections 118-a, 118-b and 118-c to read as follows:
   § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON  BEHALF  OF  THE
 STATE,  A  COUNTY,  CITY,  TOWN  OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL
 AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT  OR  CONTRACTOR  OF
 ANY  SUCH  ENTITY,  WHO  HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY,
 INCLUDING MAINTENANCE, REPAIR,  FLAGGING,  UTILITY  WORK,  CONSTRUCTION,
 RECONSTRUCTION  OR  OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC-
 TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL  ALSO
 INCLUDE  ANY  FLAG PERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF
 THIS ARTICLE.

 S. 6016                             4
 
   § 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR.   ANY
 PERSON  EMPLOYED  BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION OF ANY CARRIERS REGULATED BY THE  COMMISSIONER  OF  TRANSPORTA-
 TION.
   §  118-C.  MOTOR  VEHICLE LICENSE EXAMINER. ANY PERSON EMPLOYED BY THE
 DEPARTMENT WHO CONDUCTS ROAD TESTS TO ENSURE THAT ONLY QUALIFIED PERSONS
 ARE LICENSED TO OPERATE MOTOR VEHICLES OR PERFORMS FIELD INSPECTIONS  OF
 THE  LICENSING  ASPECT  OF DRIVING SCHOOLS, PRIVATE SERVICE BUREAUS, AND
 MOTOR CARRIERS, OR ANY EMPLOYEE OF THE DEPARTMENT  WHO  DIRECTLY  SUPER-
 VISES SUCH EMPLOYEES.
   §  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  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 ANY SIGNS, CHANNELING DEVICES, BARRI-
 ERS, PAVEMENT MARKINGS, 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.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER,  THE  CHAIRMAN  OF
 THE  NEW  YORK  STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES,
 AND REPRESENTATIVES FOR  CONTRACTORS  AND  LABORERS,  SHALL  DESIGN  AND
 IMPLEMENT  A  PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST
 AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO  REDUCE  THE
 NUMBER  OF  WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHORIZED INTRU-
 SIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR  INJURIES
 TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFETY.
   § 5. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 11-d to read as follows:
   11-D.  WITH  INTENT  TO  CAUSE  PHYSICAL INJURY TO A TERMINAL CLEANER,
 CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR ASSIST  EMPLOYEE,  BAGGAGE
 HANDLER,  SKYCAP,  TICKET  AGENT,  CUSTOMER  SERVICES EMPLOYEE, SECURITY
 GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE BUS DRIVER,  OR  ANY  EMPLOYEE
 WHOSE  DUTIES  REQUIRE HIM OR HER TO WORK ON THE TARMAC, EMPLOYED BY ANY
 AIRPORT, AIRPORT AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, THAT  PERFORMS
 SUCH  SERVICES  AT  AN AIRPORT, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH
 TERMINAL CLEANER, CABIN CLEANER, FACILITIES CLEANER,  WHEELCHAIR  ASSIST
 EMPLOYEE,  BAGGAGE  HANDLER,  SKYCAP,  TICKET  AGENT,  CUSTOMER SERVICES
 EMPLOYEE, SECURITY GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE BUS DRIVER,
 OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON  THE  TARMAC,
 WHILE  SUCH  EMPLOYEE  IS  PERFORMING  AN  ASSIGNED DUTY OF, OR DIRECTLY
 RELATED TO, SUCH SERVICES AT AN AIRPORT IN THE STATE OF NEW YORK; OR
   § 6. This act shall take effect immediately.

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