New York 2025-2026 Regular Session

New York Senate Bill S05770 Latest Draft

Bill / Introduced Version Filed 02/28/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 5770 2025-2026 Regular Sessions  IN SENATE February 28, 2025 ___________ Introduced by Sens. PALUMBO, BORRELLO, ROLISON, WEIK -- 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 motor vehi- cle speed contests, sideshows and street takeovers 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 "Brendon's 2 law". 3 § 2. Section 1182 of the vehicle and traffic law, as amended by chap- 4 ter 594 of the laws of 1987, subdivisions 1 and 2 as amended by section 5 9 of part C of chapter 62 of the laws of 2003, is amended to read as 6 follows: 7 § 1182. Speed contests and races. 1. (a) Except as provided in section 8 eleven hundred eighty-two-a of this article or section sixteen hundred 9 thirty, sixteen hundred forty, sixteen hundred forty-two or sixteen 10 hundred sixty of this chapter, no races, exhibitions or contests of 11 speed shall be held and no person shall engage [in or aid or abet] or 12 participate in any motor vehicle or other speed contest or exhibition of 13 speed on a highway. "Participate in" shall mean to organize, facilitate, 14 promote, take or have a part or share in, partake in, share in, take 15 part in, indulge in, contribute to, engage in, concur in, be a party to, 16 compete in, undertake, or participate in profits to a speed contest or 17 race. For the purposes of this section "participate in" shall also 18 include wagering on the outcome of a speed contest or race; making an 19 invitation to race; acting as a starter or flag person; pushing or posi- 20 tioning a motor vehicle to a starting line; operating, riding in, or 21 positioning a motor vehicle for the purpose of engaging in, facilitat- 22 ing, continuing, or establishing a boundary area for a race; and direct- 23 ing persons or motor vehicles for the purposes of engaging in, facili- 24 tating, or continuing a race. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09419-02-5 

 S. 5770 2 1 (b) No person shall knowingly be present as a spectator within two 2 hundred feet of any speed contest or race. A "spectator" shall mean any 3 person who is knowingly present at a speed contest or race for the 4 purpose of viewing, observing, watching, or witnessing the event as it 5 progresses. 6 (c) Such event, if held, shall be fully and efficiently patrolled for 7 the entire distance over which such race, exhibition or contest for 8 speed is to be held. Participants in a race, exhibition or contest of 9 speed are exempted from compliance with any traffic laws otherwise 10 applicable thereto, but shall exercise reasonable care. 11 2. (a) A violation of any of the provisions of this section shall 12 constitute a misdemeanor and be punishable by imprisonment of not more 13 than thirty days or a fine of not [less] more than [three] six hundred 14 dollars [nor more than five hundred twenty-five dollars], or both such 15 fine and imprisonment. 16 [2. A second conviction within twelve months of a violation of this 17 section shall be punishable by imprisonment of not more than six months 18 or a fine of not less than five hundred twenty-five dollars nor more 19 than seven hundred fifty dollars, or both such fine and imprisonment] 20 (b) A second or subsequent violation committed within ten years shall be 21 punishable upon conviction by imprisonment of not more than one year or 22 a fine of not more than one thousand dollars, or both such fine and 23 imprisonment. In addition, the vehicle or vehicles involved in a 24 violation of this section shall be subject to seizure and forfeiture 25 which actions shall be governed by the procedures enumerated in article 26 thirteen-A of the civil practice law and rules. A noncriminal defendant 27 must take all prudent steps to prevent the illegal use of their vehicle, 28 and willful disregard by the owner or lienholder of the acts giving rise 29 to forfeiture shall not constitute a defense to such forfeiture. 30 § 3. The vehicle and traffic law is amended by adding a new section 31 1212-a to read as follows: 32 § 1212-a. Sideshows and street takeovers. 1. (a) No person shall 33 organize, facilitate, promote, take or have a part or share in, partake 34 in, share in, take part in, indulge in, contribute to, engage in, concur 35 in, be a party to, compete in, undertake, or participate in profits to a 36 sideshow or street takeover on any public highway, public sidewalk, 37 parking lot, public property, or private property open to the public. 38 For the purposes of this section "participate in" shall also include 39 wagering on the outcome of a sideshow or street takeover; making an 40 invitation to a street takeover or sideshow; acting as a starter or flag 41 person; pushing or positioning a motor vehicle to a starting line; oper- 42 ating, riding in, or positioning a motor vehicle for the purpose of 43 engaging in, facilitating, continuing, or establishing a boundary area 44 for a sideshow or street takeover; and directing persons or motor vehi- 45 cles for the purposes of engaging in, facilitating, or continuing a 46 sideshow or street takeover. 47 (b) No person shall knowingly be present as a spectator within two 48 hundred feet of any sideshow or street takeover. "Spectator" shall mean 49 any person who is knowingly present at a sideshow or street takeover for 50 the purpose of viewing, observing, watching, or witnessing the sideshow 51 or street takeover event as it progresses. 52 2. For the purpose of this section: 53 (a) "sideshow" shall mean and include events in which one or more 54 motor vehicle operator perform maneuvers or stunts for entertainment or 55 competition purposes, including burnouts, power slides, donuts, whee- 

 S. 5770 3 1 lies, drifting, the making of excessive loud engine noises, revving, 2 and/or the use of illegal loud noise mufflers. 3 (b) "street takeover" shall mean blocking or impeding the regular flow 4 of traffic or pedestrians through all or a portion of a highway, parking 5 lot, or public place, including private property open to the public, for 6 the purposes of a sideshow or engaging in stunt behavior. 7 (c) "stunt behavior" shall mean to perform burnouts, donuts, drifting, 8 revving, wheelies and similar maneuvers. 9 3. A violation of this section shall constitute a misdemeanor and be 10 punishable by imprisonment of not more than six months or a fine of not 11 more than six hundred dollars, or both such fine and imprisonment. A 12 second or subsequent violation committed within ten years shall be 13 punishable upon conviction by imprisonment of not more than one year or 14 a fine of not more than one thousand dollars, or both such fine and 15 imprisonment. In addition, the vehicle or vehicles involved in a 16 violation of this section shall be subject to seizure and forfeiture 17 which actions shall be governed by the procedures enumerated in article 18 thirteen-A of the civil practice law and rules. A noncriminal defendant 19 must take all prudent steps to prevent the illegal use of their vehicle, 20 and willful disregard by the owner or lienholder of the acts giving rise 21 to forfeiture shall not constitute a defense to such forfeiture. 22 § 4. This act shall take effect immediately.