BILL NUMBER:  S373

 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
Orleans 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 operating 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

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the ninetieth day after it becomes law.