senate Bill S164C

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2012 referred to transportation
delivered to assembly
passed senate
Jan 18, 2012 advanced to third reading
Jan 10, 2012 2nd report cal.
Jan 09, 2012 1st report cal.21
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Apr 04, 2011 referred to transportation
delivered to assembly
passed senate
Mar 23, 2011 amended on third reading 164c
Mar 03, 2011 advanced to third reading
Mar 02, 2011 2nd report cal.
Mar 01, 2011 1st report cal.128
Feb 18, 2011 print number 164b
amend and recommit to transportation
Feb 04, 2011 print number 164a
amend and recommit to transportation
Jan 05, 2011 referred to transportation

Votes

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Jan 9, 2012 - Transportation committee Vote

S164C
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Mar 1, 2011 - Transportation committee Vote

S164B
17
0
committee
17
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

view additional co-sponsors

S164 - Bill Details

See Assembly Version of this Bill:
A6988
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S7435

S164 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S164

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 2 Paragraph (a) amends the vehicle and
traffic law to specify that a learning permit holder may not operate a
motor vehicle with any front seat occupants other that the supervising
driver who is not under the influence of alcohol and/or drugs.

Section 3 states 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

Section 4 states that said supervising drivers shall be charged
accordingly,

JUSTIFICATION: In early September of 2004 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 wit h a class A misdemeanor.

LEGISLATIVE HISTORY: S.7435/A.10780 of 2009-2010; Referred to
Transportation

FISCAL IMPLICATIONS: None.

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

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download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   164

                       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

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.  Paragraph  (a) of subdivision 1 of section 501-b of the vehicle
and traffic law, as added by chapter 644 of the laws of 2002, is amended
to read as follows:
  (a) operate a motor vehicle with any front seat occupants  other  than
the  supervising driver WHO IS NOT UNDER THE INFLUENCE OF ALCOHOL AND/OR
DRUGS;
  S 3. The vehicle and traffic law is amended by adding  a  new  section
501-c to read as follows:
  S  501-C.  SUPERVISING  DRIVER  WHILE  UNDER  THE INFLUENCE OF ALCOHOL
AND/OR DRUGS.  ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH (A) AND PARAGRAPH (C) OF SUBDIVISION FIVE
OF SECTION FIVE HUNDRED ONE OF THIS  ARTICLE  THAT  DOES  SO  UNDER  THE
INFLUENCE OF ALCOHOL AND/OR DRUGS SHALL BE GUILTY OF A CLASS A MISDEMEA-
NOR.
  S  4. Section 1192 of the vehicle and traffic law is amended by adding
a new subdivision 13 to read as follows:
  13. SUPERVISING DRIVERS. ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  (A)  AND  PARAGRAPH  (C)  OF
SUBDIVISION FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER WHILE UNDER
THE  INFLUENCE  OF  ALCOHOL  AND/OR DRUGS IS IN VIOLATION OF SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01224-01-1

S. 164                              2

ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF  THIS  SECTION  AND  SHALL  BE
CHARGED ACCORDINGLY.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

view additional co-sponsors

S164A - Bill Details

See Assembly Version of this Bill:
A6988
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S7435

S164A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S164A

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 Paragraph (a) amends the vehicle and
traffic law to specify that a learning permit holder may not operate
a motor vehicle with any front seat occupants other that the
supervising driver who is not under the influence of alcohol and/or
drugs, as defined by being in violation of subdivision one, two,
two-a, three, four or four-a of section 1192 of this chapter.

3.Adds a new section 501-C specifies that a supervising driver who is
under the influence of alcohol and/or drugs shall be guilty of a
class A misdemeanor.

4. States that any person acting as a supervising driver while under
the influence of alcohol and/or drugs in violation of subdivision
one, two, two-a, three, four, four-a of this section.

5. Allows for a supervising driver to be charged under 1192-B as if he
or she were operating the motor vehicle. 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 2004 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
h 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 164--A

                       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

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.  Paragraph  (a) of subdivision 1 of section 501-b of the vehicle
and traffic law, as added by chapter 644 of the laws of 2002, is amended
to read as follows:
  (a) operate a motor vehicle with any front seat occupants  other  than
the  supervising driver; PROVIDED THAT SUCH SUPERVISING DRIVER WOULD NOT
BE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER WERE HE OR SHE OPERAT-
ING THE VEHICLE;
  S 3. The vehicle and traffic law is amended by adding  a  new  section
501-c to read as follows:
  S  501-C.  SUPERVISING  DRIVER  WHILE  UNDER  THE INFLUENCE OF ALCOHOL
AND/OR DRUGS.  ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH (A) AND PARAGRAPH (C) OF SUBDIVISION FIVE
OF SECTION FIVE HUNDRED ONE OF THIS  ARTICLE  THAT  DOES  SO  UNDER  THE
INFLUENCE OF ALCOHOL AND/OR DRUGS SHALL BE GUILTY OF A CLASS A MISDEMEA-
NOR.
  S  4. Section 1192 of the vehicle and traffic law is amended by adding
a new subdivision 13 to read as follows:
  13. SUPERVISING DRIVERS. ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  (A)  AND  PARAGRAPH  (C)  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01224-02-1

S. 164--A                           2

SUBDIVISION FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER WHILE UNDER
THE  INFLUENCE  OF  ALCOHOL  AND/OR DRUGS IS IN VIOLATION OF SUBDIVISION
ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF  THIS  SECTION  AND  SHALL  BE
CHARGED ACCORDINGLY.
  S  5.  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
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  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

view additional co-sponsors

S164B - Bill Details

See Assembly Version of this Bill:
A6988
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S7435

S164B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S164B

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 Paragraph (a) amends the vehicle and traffic law to specify
that a learning permit holder may not operate a motor vehicle with
any front seat occupants other that the supervising driver who is not
under the influence of alcohol and/or drugs, as defined by being in
violation of subdivision one, two, two-a, three, four or four-a of
section 1192 of this chapter.

3. States that any person acting as a supervising driver while under
the influence of alcohol and/or drugs in violation of subdivision
one, two, two-a, three, four, four-a of this section.

4. Allows for a supervising driver to be charged under 1192-B as if he
or she were operating the motor vehicle. 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
h 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 164--B

                       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

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.  Paragraph  (a) of subdivision 1 of section 501-b of the vehicle
and traffic law, as added by chapter 644 of the laws of 2002, is amended
to read as follows:
  (a) operate a motor vehicle with any front seat occupants  other  than
the  supervising driver; PROVIDED THAT SUCH SUPERVISING DRIVER WOULD NOT
BE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER WERE HE OR SHE OPERAT-
ING THE VEHICLE;
  S 3. Section 1192 of the vehicle and traffic law is amended by  adding
a new subdivision 13 to read as follows:
  13. SUPERVISING DRIVERS. ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER
PURSUANT  TO  SUBPARAGRAPH  (II)  OF  PARAGRAPH (A) AND PARAGRAPH (C) OF
SUBDIVISION FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER WHILE UNDER
THE INFLUENCE OF ALCOHOL AND/OR DRUGS IS  IN  VIOLATION  OF  SUBDIVISION
ONE,  TWO,  TWO-A,  THREE,  FOUR  OR FOUR-A OF THIS SECTION AND SHALL BE
CHARGED ACCORDINGLY.
  S 4. The vehicle and traffic law is amended by adding  a  new  section
1192-b to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01224-04-1

S. 164--B                           2

  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
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  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

view additional co-sponsors

S164C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6988
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S7435

S164C (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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