What's happening
The bill makes it a crime to supervise a learner driver while under the influence of alcohol or drugs.
Why it matters
Expands accountability beyond just the learner driver. By criminalizing intoxication for supervising drivers, the law acknowledges that a supervisor’s state can directly impact the safety and learning of novice drivers, not just their own driving.
Creates tiered penalties based on intoxication levels. The bill differentiates between “supervising under the influence” (a class A misdemeanor) and “aggravated supervising under the influence” (a class E felony), signaling that higher levels of intoxication or certain aggravating circumstances are considered more dangerous and will be punished more severely.
Closes a legal loophole. Previously, only the person physically operating the vehicle could be charged with DUI-related offenses. This law recognizes that a supervising adult, even as a passenger, holds significant responsibility and can be held criminally liable if impaired.
Aims to enhance road safety for new drivers and the public. By ensuring supervising drivers are sober and capable, the law seeks to provide a safer environment for learning drivers and reduce the risk of accidents involving inexperienced motorists.
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Who cares
Headline styles
Ban Drunk Driving Supervision
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- 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.
Ban Drunk Driving Supervision
In Assembly Committee · Transportation · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
453
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Abbagail's Law".
§ 2. The vehicle and traffic law is amended by adding a new section 1192-b to read as follows:
§ 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 alcohol 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 vehicle.
Aggravated supervising a driver while under the influence of alcohol and/or drugs shall be a class E felony.
§ 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.
LBD00482-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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 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 Orle- ans 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 oper- ating 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 S. 2976A/A. 1320 of 2015-2016; Passed Senate S. 373/ A. 535 of 2017-2018; Referred to Transportation
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.