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History
- 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.
Abbagail's law prohibits supervising drivers from acting under the influence of alcohol and/or drugs
In Assembly Committee · Transportation · Sponsor Stephen Hawley
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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 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.
Legislative history
This is a new bill.
Fiscal implications
None.
Effective date
On the ninetieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.