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

2 Co-sponsors

• Rich Funke
• Patty Ritchie

BILL NUMBER:S2976

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 1192-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 S.1055/A.1624 of 2013-14; Passed Senate

Fiscal implications

None.

Effective date

On the ninetieth day after it becomes law.