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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1195
                              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. OAKS --
         read once and referred 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 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.  Paragraph  (a) of subdivision 1 of section 501-b of the vehicle
    4  and traffic law, as added by chapter 644 of the laws of 2002, is amended
    5  to read as follows:
    6    (a) operate a motor vehicle with any front seat occupants  other  than
    7  the  supervising driver WHO IS NOT UNDER THE INFLUENCE OF ALCOHOL AND/OR
    8  DRUGS;
    9    S 3. The vehicle and traffic law is amended by adding  a  new  section
   10  501-c to read as follows:
   11    S  501-C.  SUPERVISING  DRIVER  WHILE  UNDER  THE INFLUENCE OF ALCOHOL
   12  AND/OR DRUGS.  ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER PURSUANT TO
   13  SUBPARAGRAPH (II) OF PARAGRAPH (A) AND PARAGRAPH (C) OF SUBDIVISION FIVE
   14  OF SECTION FIVE HUNDRED ONE OF THIS  ARTICLE  THAT  DOES  SO  UNDER  THE
   15  INFLUENCE OF ALCOHOL AND/OR DRUGS SHALL BE GUILTY OF A CLASS A MISDEMEA-
   16  NOR.
   17    S  4. Section 1192 of the vehicle and traffic law is amended by adding
   18  a new subdivision 13 to read as follows:
   19    13. SUPERVISING DRIVERS. ANY INDIVIDUAL ACTING AS A SUPERVISING DRIVER
   20  PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  (A)  AND  PARAGRAPH  (C)  OF
   21  SUBDIVISION FIVE OF SECTION FIVE HUNDRED ONE OF THIS CHAPTER WHILE UNDER
   22  THE  INFLUENCE  OF  ALCOHOL  AND/OR DRUGS IS IN VIOLATION OF SUBDIVISION
   23  ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF  THIS  SECTION  AND  SHALL  BE
   24  CHARGED ACCORDINGLY.
   25    S  5.  This  act shall take effect on the ninetieth day after it shall
   26  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01224-01-1