New York S 829: Establishes the crimes of vehicular assault and vehicular manslaughter in an active work zone and intrusion into an active work zone

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S00829 Summary:

BILL NOS00829 

&nbsp

SAME ASSAME AS A07434

&nbsp

SPONSORGALLIVAN

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §§120.65, 120.66, 125.28 & 125.29, Pen L; add §1221-a, V & T L

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

Go to top S00829 Actions:

BILL NOS00829 

&nbsp

01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00829 Committee&nbspVotes:

Go to topS00829 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00829 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 829

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 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:

 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.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02839-01-5

 S. 829 2

 1 2. For purposes of this section the term "active work zone" shall mean
 2 the physical area on a public highway, street or private road where
 3 construction, maintenance or utility work is being conducted, which area
 4 is properly designated to be an active work zone by signs, cones and/or
 5 other traffic control devices and where workers are physically present.
 6 Vehicular assault in an active work zone in the first degree is a
 7 class D felony.
 8 § 125.28 Vehicular manslaughter in an active work zone in the second
 9 degree.
 10 1. A person is guilty of vehicular manslaughter in an active work zone
 11 in the second degree when, with criminal negligence, such person:
 12 (a) enters or intrudes into an active work zone while operating a
 13 motor vehicle; and
 14 (b) such entry or intrusion causes the death of another person.
 15 2. For purposes of this section the term "active work zone" shall mean
 16 the physical area on a public highway, street or private road where
 17 construction, maintenance or utility work is being conducted, which area
 18 is properly designated to be an active work zone by signs, cones and/or
 19 other traffic control devices and where workers are physically present.
 20 Vehicular manslaughter in an active work zone in the second degree is
 21 a class C felony.
 22 § 125.29 Vehicular manslaughter in an active work zone in the first
 23 degree.
 24 1. A person is guilty of vehicular manslaughter in an active work zone
 25 in the first degree when such person recklessly:
 26 (a) enters or intrudes into an active work zone while operating a
 27 motor vehicle; and
 28 (b) such entry or intrusion causes the death of another person.
 29 2. For purposes of this