Bill Text: NY S07435 | 2009-2010 | 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: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-04-09 - REFERRED TO TRANSPORTATION [S07435 Detail]

Download: New_York-2009-S07435-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7435
                                   I N  S E N A T E
                                     April 9, 2010
                                      ___________
       Introduced  by  Sens. MAZIARZ, ALESI, O. JOHNSON, LANZA, LARKIN, RANZEN-
         HOFER, VOLKER -- 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  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.
                                                                  LBD16635-02-0