A 7434: Establishes the crimes of vehicular assault and vehicular manslaughter in an active work zone and intrusion into an active work zone.

  
  STATE OF NEW YORK ________________________________________________________________________ 7434 2025-2026 Regular Sessions  IN ASSEMBLY March 27, 2025 ___________ Introduced by M. of A. HAWLEY -- 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 Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding four new sections 2 120.65, 120.66, 125.28 and 125.29 to read as follows: 3 § 120.65 Vehicular assault in an active work zone in the second degree. 4 1. A person is guilty of vehicular assault in an active work zone in 5 the second degree when, with criminal negligence, such person: 6 a. enters or intrudes into an active work zone while operating a motor 7 vehicle; and 8 b. such entry or intrusion causes serious physical injury to another 9 person. 10 2. For purposes of this section the term "active work zone" shall mean 11 the physical area on a public highway, street or private road where 12 construction, maintenance or utility work is being conducted, which area 13 is properly designated to be an active work zone by signs, cones and/or 14 other traffic control devices and where workers are physically present. 15 Vehicular assault in an active work zone in the second degree is a 16 class E felony. 17 § 120.66 Vehicular assault in an active work zone in the first degree. 18 1. A person is guilty of vehicular assault in an active work zone in 19 the first degree when such person recklessly: 20 a. enters or intrudes into an active work zone while operating a motor 21 vehicle; and 22 b. such entry or intrusion causes serious physical injury to another 23 person. 24 2. For purposes of this section the term "active work zone" shall mean 25 the physical area on a public highway, street or private road where EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02839-01-5 
 A. 7434 2 1 construction, maintenance or utility work is being conducted, which area 2 is properly designated to be an active work zone by signs, cones and/or 3 other traffic control devices and where workers are physically present. 4 Vehicular assault in an active work zone in the first degree is a 5 class D felony. 6 § 125.28 Vehicular manslaughter in an active work zone in the second 7 degree. 8 1. A person is guilty of vehicular manslaughter in an active work zone 9 in the second degree when, with criminal negligence, such person: 10 (a) enters or intrudes into an active work zone while operating a 11 motor vehicle; and 12 (b) such entry or intrusion causes the death of another person. 13 2. For purposes of this section the term "active work zone" shall mean 14 the physical area on a public highway, street or private road where 15 construction, maintenance or utility work is being conducted, which area 16 is properly designated to be an active work zone by signs, cones and/or 17 other traffic control devices and where workers are physically present. 18 Vehicular manslaughter in an active work zone in the second degree is 19 a class C felony. 20 § 125.29 Vehicular manslaughter in an active work zone in the first 21 degree. 22 1. A person is guilty of vehicular manslaughter in an active work zone 23 in the first degree when such person recklessly: 24 (a) enters or intrudes into an active work zone while operating a 25 motor vehicle; and 26 (b) such entry or intrusion causes the death of another person. 27 2. For purposes of this section the term "active work zone" shall mean 28 the physical area on a public highway, street or private road where 29 construction, maintenance or utility work is being conducted, which area 30 is properly designated to be an active work zone by signs, cones and/or 31 other traffic control devices and where workers are physically present. 32 Vehicular manslaughter in an active work zone in the first degree is a 33 class B felony. 34 § 2. The vehicle and traffic law is amended by adding a new section 35 1221-a to read as follows: 36 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 37 cle, operator of a bicycle or pedestrian shall enter or intrude into an 38 active work zone, except upon direction from a flag person, police offi- 39 cer or other designated person in charge of traffic control or direction 40 from a traffic control device regulating entry therein. For purposes of 41 this section, the term "active work zone" shall mean the physical area 42 on a public highway, street or private road where construction, mainte- 43 nance or utility work is being conducted, which area is properly desig- 44 nated to be an active work zone by signs, cones and/or other traffic 45 control devices and where workers are physically present. 46 2. A violation of subdivision one of this section shall constitute a 47 class B misdemeanor punishable by a fine of not less than two hundred 48 fifty dollars nor more than five hundred dollars, or by a period of 49 imprisonment not to exceed three months, or by both such fine and impri- 50 sonment. 51 § 3. This act shall take effect on the first of November next succeed- 52 ing the date on which it shall have become a law.