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Assembly Bill A1195B

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 - Stricken

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Bill Amendments

multi-Sponsors

2011-A1195 - Details

See other versions of this Bill:
A6988 ,
S164 ,
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10780
2013-2014: A1624
2015-2016: A1320
2017-2018: A535
2019-2020: A3650

2011-A1195 - Summary

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

2011-A1195 - Bill Text download pdf 

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

                                  1195

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. OAKS --
  read once and referred 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
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.

multi-Sponsors

2011-A1195A - Details

See other versions of this Bill:
A6988 ,
S164 ,
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10780
2013-2014: A1624
2015-2016: A1320
2017-2018: A535
2019-2020: A3650

2011-A1195A - Summary

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

2011-A1195A - Bill Text download pdf 

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

                                 1195--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. OAKS --
  read once and referred 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.

multi-Sponsors

2011-A1195B (ACTIVE) - Details

See other versions of this Bill:
A6988 ,
S164 ,
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1192-b, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10780
2013-2014: A1624
2015-2016: A1320
2017-2018: A535
2019-2020: A3650

2011-A1195B (ACTIVE) - Summary

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

2011-A1195B (ACTIVE) - Bill Text download pdf 

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

                                 1195--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. GOODELL,
  McLAUGHLIN,  OAKS -- read once and referred to the Committee on Trans-
  portation -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted 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. 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 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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