S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    193
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  four  new  sections
 120.65, 120.66, 125.28 and 125.29 to read as follows:
 § 120.65 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 WHILE OPERATING A MOTOR
 VEHICLE; AND
   B. SUCH ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY  TO  ANOTHER
 PERSON.
   2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
 THE  PHYSICAL  AREA  ON  A  PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE
 CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
 IS PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES  AND/OR
 OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
   VEHICULAR  ASSAULT  IN  AN  ACTIVE WORK ZONE IN THE SECOND DEGREE IS A
 CLASS E FELONY.
 § 120.66 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 WHILE OPERATING A MOTOR
 VEHICLE; AND
   B.  SUCH  ENTRY OR INTRUSION CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER
 PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00113-01-3
              

 S. 193                              2
 
   2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
 THE PHYSICAL AREA ON A PUBLIC HIGHWAY,  STREET  OR  PRIVATE  ROAD  WHERE
 CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
 IS  PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES AND/OR
 OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
   VEHICULAR  ASSAULT  IN  AN  ACTIVE  WORK ZONE IN THE FIRST DEGREE IS A
 CLASS D FELONY.
 § 125.28 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 WHILE OPERATING A
 MOTOR VEHICLE; AND
   (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
   2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
 THE PHYSICAL AREA ON A PUBLIC HIGHWAY,  STREET  OR  PRIVATE  ROAD  WHERE
 CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
 IS  PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES AND/OR
 OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
   VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE SECOND DEGREE  IS
 A CLASS C FELONY.
 § 125.29 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  WHILE  OPERATING  A
 MOTOR VEHICLE; AND
   (B) SUCH ENTRY OR INTRUSION CAUSES THE DEATH OF ANOTHER PERSON.
   2. FOR PURPOSES OF THIS SECTION THE TERM "ACTIVE WORK ZONE" SHALL MEAN
 THE  PHYSICAL  AREA  ON  A  PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE
 CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA
 IS PROPERLY DESIGNATED TO BE AN ACTIVE WORK ZONE BY SIGNS, CONES  AND/OR
 OTHER TRAFFIC CONTROL DEVICES AND WHERE WORKERS ARE PHYSICALLY PRESENT.
   VEHICULAR MANSLAUGHTER IN AN ACTIVE WORK ZONE IN THE FIRST DEGREE IS A
 CLASS B FELONY.
   §  2.  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,  OPERATOR OF A BICYCLE OR PEDESTRIAN SHALL ENTER OR INTRUDE INTO AN
 ACTIVE WORK ZONE, EXCEPT UPON DIRECTION FROM A FLAG PERSON, POLICE OFFI-
 CER OR OTHER 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
 ON A PUBLIC HIGHWAY, STREET OR PRIVATE ROAD WHERE CONSTRUCTION,  MAINTE-
 NANCE  OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA IS PROPERLY DESIG-
 NATED TO BE AN ACTIVE WORK ZONE BY SIGNS,  CONES  AND/OR  OTHER  TRAFFIC
 CONTROL DEVICES 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 IMPRI-
 SONMENT.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.