This bill has been amended

Bill S164-2011

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

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

Details

Actions

  • Jan 5, 2011: REFERRED TO TRANSPORTATION

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 164 2011-2012 Regular Sessions IN SENATE (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
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.

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