senate Bill S164C

Abbagail's law prohibits supervising drivers from acting under the influence of alcohol and/or drugs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Feb / 2011
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 04 / Feb / 2011
    • PRINT NUMBER 164A
  • 18 / Feb / 2011
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 18 / Feb / 2011
    • PRINT NUMBER 164B
  • 01 / Mar / 2011
    • 1ST REPORT CAL.128
  • 02 / Mar / 2011
    • 2ND REPORT CAL.
  • 03 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 23 / Mar / 2011
    • AMENDED ON THIRD READING 164C
  • 04 / Apr / 2011
    • PASSED SENATE
  • 04 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 04 / Apr / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 09 / Jan / 2012
    • 1ST REPORT CAL.21
  • 10 / Jan / 2012
    • 2ND REPORT CAL.
  • 18 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 23 / Jan / 2012
    • PASSED SENATE
  • 23 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 23 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Enacts Abbagail's law prohibiting supervising drivers from acting under the influence of alcohol and/or drugs and subjects them to criminal charges.

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Bill Details

See Assembly Version of this Bill:
A6988
Versions:
S164
S164A
S164B
S164C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1192-b, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S7435

Sponsor Memo

BILL NUMBER:S164C

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to acting as
a supervising driver while
under the influence of alcohol and/or drugs

PURPOSE:
Provides that any individual acting as a supervising driver while
under the influence of alcohol and/or drugs shall be guilty of a
class A misdemeanor.

SUMMARY OF PROVISIONS:
Section 1 - This act shall be cited as "Abbigail's Law"

Section 2 - Allows for a supervising driver to be charged under l192-B
as if he or she were operating the motor vehicle. This will result in
a class A misdemeanor charge. It also creates the crime of aggravated
supervising driver that applies to any supervising driver who would
be in violation of section 1192 if he or she were operating the
vehicle. This will result in a class E felony charge.

JUSTIFICATION:
In early September of 2009 Abbagail Buzard, an eight year old from
Orleans County was tragically killed. Her father, who had been
drinking at a family gathering, convinced his seventeen year old
cousin to drive him to the store to purchase more alcohol. The
seventeen year old was operating the vehicle with a learner's permit.
They proceeded to load the vehicle with two young children who were
placed in car seats in the rear of the car, along with a fourteen
year old cousin and an eight year old daughter sitting on the lap of
the fourteen year old. The Driver was operating the vehicle at
unreasonable speeds on a curvy road. She lost control of the vehicle
and eight-year old Abbigail was thrown from the vehicle as it rolled
over three times down an embankment. The vehicle came to rest right
side up and in a swamp, with Abbigail trapped underneath. She died
before emergency personnel could respond to the scene.
While that driver of the car that night violated numerous laws, the
supervising adult, Abbigail's father who was under the influence of
alcohol could not be held responsible for his actions.

This bill would change that dynamic by allowing a supervising driver
who is under the influence of alcohol and/or drugs to be charged with
a class A misdemeanor or a class E felony in an aggravated case.

LEGISLATIVE HISTORY:
S.743S/A.10780 of 2009-2010; Referred to Transportation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
On the ninetieth day after it becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 164--C
    Cal. No. 128

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. MAZIARZ, ALESI, JOHNSON, LANZA, LARKIN, RANZENHOFER
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Transportation -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT to amend the vehicle and traffic law, in relation to acting as a
  supervising driver while under the influence of alcohol and/or drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as "Abbagail's
Law".
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1192-b to read as follows:
  S  1192-B.  SUPERVISING  A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL
AND/OR DRUGS. 1. NO PERSON SHALL ACT AS A SUPERVISING DRIVER PURSUANT TO
SECTION FIVE HUNDRED ONE OR FIVE HUNDRED ONE-B OF THIS CHAPTER  IF  SUCH
PERSON  WOULD  BE  IN  VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR OR
FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE IF HE OR SHE
WERE OPERATING THE VEHICLE.
  SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
SHALL BE A CLASS A MISDEMEANOR.
  2. AGGRAVATED SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF  ALCO-
HOL  AND/OR  DRUGS. NO PERSON SHALL ACT AS A SUPERVISING DRIVER PURSUANT
TO SECTION FIVE HUNDRED ONE OR FIVE HUNDRED ONE-B  OF  THIS  CHAPTER  IF
SUCH PERSON WOULD BE IN VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01224-06-1

S. 164--C                           2

HUNDRED NINETY-TWO OF THIS ARTICLE IF HE OR SHE WERE OPERATING THE VEHI-
CLE.
  AGGRAVATED  SUPERVISING  A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL
AND/OR DRUGS SHALL BE A CLASS E FELONY.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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