Bill Text: NY A01195 | 2011-2012 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2011-04-13 - enacting clause stricken [A01195 Detail]

Download: New_York-2011-A01195-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1195--B
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by M. of A. HAWLEY -- Multi-Sponsored by -- M. of A. GOODELL,
         McLAUGHLIN,  OAKS -- read once and referred to the Committee on Trans-
         portation -- committee discharged, bill amended, ordered reprinted  as
         amended  and recommitted to said committee -- again reported from said
         committee with amendments, ordered reprinted as amended and  recommit-
         ted to said committee
       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:
    1    Section  1.  This  act  shall be known and may be cited as "Abbagail's
    2  Law".
    3    S 2. The vehicle and traffic law is amended by adding  a  new  section
    4  1192-b to read as follows:
    5    S  1192-B.  SUPERVISING  A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL
    6  AND/OR DRUGS. 1. NO PERSON SHALL ACT AS A SUPERVISING DRIVER PURSUANT TO
    7  SECTION FIVE HUNDRED ONE OR FIVE HUNDRED ONE-B OF THIS CHAPTER  IF  SUCH
    8  PERSON  WOULD  BE  IN  VIOLATION OF SUBDIVISION ONE, TWO, THREE, FOUR OR
    9  FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE IF HE OR SHE
   10  WERE OPERATING THE VEHICLE.
   11    SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
   12  SHALL BE A CLASS A MISDEMEANOR.
   13    2. AGGRAVATED SUPERVISING A DRIVER WHILE UNDER THE INFLUENCE OF  ALCO-
   14  HOL  AND/OR  DRUGS. NO PERSON SHALL ACT AS A SUPERVISING DRIVER PURSUANT
   15  TO SECTION FIVE HUNDRED ONE OR FIVE HUNDRED ONE-B  OF  THIS  CHAPTER  IF
   16  SUCH PERSON WOULD BE IN VIOLATION OF SUBDIVISION TWO-A OF SECTION ELEVEN
   17  HUNDRED NINETY-TWO OF THIS ARTICLE IF HE OR SHE WERE OPERATING THE VEHI-
   18  CLE.
   19    AGGRAVATED  SUPERVISING  A DRIVER WHILE UNDER THE INFLUENCE OF ALCOHOL
   20  AND/OR DRUGS SHALL BE A CLASS E FELONY.
   21    S 3. This act shall take effect on the ninetieth day  after  it  shall
   22  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01224-07-1