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

---

S1055-2013 Actions

• Mar 4, 2013: referred to transportation
• Mar 4, 2013: DELIVERED TO ASSEMBLY
• Mar 4, 2013: PASSED SENATE
• Feb 28, 2013: ADVANCED TO THIRD READING
• Feb 27, 2013: 2ND REPORT CAL.
• Feb 12, 2013: 1ST REPORT CAL.63
• Jan 9, 2013: REFERRED TO TRANSPORTATION

S1055-2013 Meetings

Transportation: Feb 12, 2013, Transportation: Feb 28, 2013

S1055-2013 Calendars

Active List: Mar 4, 2013 , Floor Calendar: Feb 27, 2013 , Floor Calendar: Feb 28, 2013 , Floor Calendar: Mar 4, 2013

S1055-2013 Votes

S1055-2013 Memo

BILL NUMBER:S1055

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
S.164C/A.6988 of 2011-2012; Referred to Transportation

FISCAL IMPLICATIONS:
None.

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

S1055-2013 Text

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

                                    1055

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sens.  MAZIARZ,  LANZA, LARKIN -- read twice and ordered
    printed, and when printed to be committed to the Committee  on  Trans-
    portation

  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02071-01-3