NY S03233

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

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

Defines "active work zone" as a physical area on highways, streets, or private roads where construction, maintenance, or utility work is being conducted, marked by signs, barriers, or work vehicles, with workers physically present.

Establishes that entry or intrusion into an active work zone without permission from a flag person, police officer, or traffic control device is prohibited under Vehicle and Traffic Law § 1221-a.

Violation of the work zone entry prohibition constitutes a Class B misdemeanor punishable by a fine of $250-$500, imprisonment up to three months, or both.