NY S03862

Creates two new crimes of vehicular assault in active work zones: second degree (Class E felony for criminal negligence causing serious physical injury) and first degree (Class D felony for recklessness causing serious physical injury).

Creates two new crimes of vehicular manslaughter in active work zones: second degree (Class C felony for criminal negligence causing death) and first degree (Class B felony for recklessness causing death).

Defines "active work zone" as areas on highways, streets, or private roads marked by signs, channeling devices, barriers, pavement markings, and/or work vehicles where construction, maintenance, or utility work is being conducted.

Establishes that entry into an active work zone requires permission from a flag person, police officer, designated traffic control person, or traffic control device.

Makes unauthorized intrusion into an active work zone a Class B misdemeanor punishable by a fine of $250 to $500, imprisonment not to exceed three months, or both.