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A06986 Summary:

BILL NOA06986
 
SAME ASSAME AS S05770
 
SPONSORGiglio
 
COSPNSRAngelino
 
MLTSPNSR
 
Amd §1182, add §1212-a, V & T L
 
Enacts "Brendon's law" to prohibit participation, including spectators within two hundred feet, of any motor vehicle speed contest, sideshow and street takeovers; authorizes seizure and forfeiture.
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A06986 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6986
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2025
                                       ___________
 
        Introduced by M. of A. GIGLIO -- read once and referred 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

        A. 6986                             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-

        A. 6986                             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.
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