NY S00829

Creates four new felony offenses in the Penal Law for vehicular assault and manslaughter in active work zones, with severity based on mental state (criminal negligence vs. recklessness) and outcome (serious injury vs. death)

Vehicular assault in an active work zone: second degree (criminal negligence causing serious injury) is a class E felony; first degree (reckless conduct causing serious injury) is a class D felony

Vehicular manslaughter in an active work zone: second degree (criminal negligence causing death) is a class C felony; first degree (reckless conduct causing death) is a class B felony

Establishes a new class B misdemeanor for unauthorized intrusion into an active work zone by drivers, bicyclists, or pedestrians, punishable by $250-$500 fine, up to 3 months imprisonment, or both

Defines "active work zone" as an area on public highways, streets, or private roads where construction, maintenance, or utility work is being conducted, properly marked with signs, cones, or traffic control devices, and where workers are physically present