BILL NUMBER: S453

SPONSOR: ORTT
 
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 Orle-
ans 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 oper-
ating 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
S. 373/ A. 535 of 2017-2018; Referred to Transportation

 
FISCAL IMPLICATIONS:
None.

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