Bill > S00829

This bill establishes new criminal offenses related to vehicular safety in active work zones, creating four distinct crimes with varying degrees of severity. Specifically, the bill defines two levels each of vehicular assault and vehicular manslaughter that occur within an "active work zone," which is legally defined as a designated construction or maintenance area with signs, cones, or other traffic control devices and where workers are physically present. The crimes are differentiated by the driver's level of culpability: second-degree offenses involve criminal negligence, while first-degree offenses involve reckless behavior. If a driver enters or intrudes into an active work zone and causes serious physical injury to another person, they can be charged with vehicular assault (a class E or D felony depending on the degree). Similarly, if the driver's actions result in another person's death, they can be charged with vehicular manslaughter (a class C or B felony). The bill also adds a new provision to the vehicle and traffic law making it a class B misdemeanor to enter an active work zone without proper authorization, with potential penalties including fines between $250-$500 and/or up to three months of imprisonment. The law is set to take effect on the first of November following its passage.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S829