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A10780Assembly2009-2010 SessionSame asS7435

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

Sponsor Stephen HawleyAD-139Affects Transportation
Status
In Assembly Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Stephen Hawley

Assembly Member · Assembly District 139

1 Multi-sponsor

History

  1. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7435Senate

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

In Senate Committee · Transportation · Sponsor George D. Maziarz

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A10780

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 supervising driver while under the influence of alcohol and/or drugs shall be guilty of a class a misdemeanor.

Summary of specific 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 accord- ingly.

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 fathering, convinced his seventeen year old cousin to drive him to the store with a learners 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. The driver was operating the vehicle at unreasonable speeds on a curvy road. She lost control of the Vehicle and eight-year old Abbagail 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 Abbagail trapped under- neath. She dies before emergency personnel could respond to the scene. While that driver of the car that night violated numerous laws, the supervising adult, Abbagial'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 influ- ence of alcohol and/or drugs to be charged with a class A misdemeanor.

Prior legislative history

None

Fiscal implications

EFFECTIVE DATE: This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.