Bill Text: NY A06988 | 2011-2012 | General Assembly | Introduced

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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: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A06988 Detail]

Download: New_York-2011-A06988-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6988
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 7, 2011
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee 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.  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.
                                                                  LBD01224-08-1