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S10059 Summary:

BILL NOS10059
 
SAME ASSAME AS A06986
 
SPONSORADDABBO
 
COSPNSRPALUMBO
 
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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S10059 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10059
 
                    IN SENATE
 
                                     April 24, 2026
                                       ___________
 
        Introduced  by Sens. ADDABBO, PALUMBO -- 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.
    25    (b)  No  person  shall  knowingly be present as a spectator within two
    26  hundred feet of any speed contest or race. A "spectator" shall mean  any
    27  person  who  is  knowingly  present  at  a speed contest or race for the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09419-02-5

        S. 10059                            2
 
     1  purpose of viewing, observing, watching, or witnessing the event  as  it
     2  progresses.
     3    (c)  Such event, if held, shall be fully and efficiently patrolled for
     4  the entire distance over which such  race,  exhibition  or  contest  for
     5  speed  is  to  be held. Participants in a race, exhibition or contest of
     6  speed are exempted from  compliance  with  any  traffic  laws  otherwise
     7  applicable thereto, but shall exercise reasonable care.
     8    2.  (a)  A  violation  of  any of the provisions of this section shall
     9  constitute a misdemeanor and be punishable by imprisonment of  not  more
    10  than  thirty  days or a fine of not [less] more than [three] six hundred
    11  dollars [nor more than five hundred twenty-five dollars], or  both  such
    12  fine and imprisonment.
    13    [2.  A  second  conviction within twelve months of a violation of this
    14  section shall be punishable by imprisonment of not more than six  months
    15  or  a  fine  of  not less than five hundred twenty-five dollars nor more
    16  than seven hundred fifty dollars, or both such  fine  and  imprisonment]
    17  (b) A second or subsequent violation committed within ten years shall be
    18  punishable  upon conviction by imprisonment of not more than one year or
    19  a fine of not more than one thousand dollars,  or  both  such  fine  and
    20  imprisonment.  In  addition,  the  vehicle  or  vehicles  involved  in a
    21  violation of this section shall be subject  to  seizure  and  forfeiture
    22  which  actions shall be governed by the procedures enumerated in article
    23  thirteen-A of the civil practice law and rules. A noncriminal  defendant
    24  must take all prudent steps to prevent the illegal use of their vehicle,
    25  and willful disregard by the owner or lienholder of the acts giving rise
    26  to forfeiture shall not constitute a defense to such forfeiture.
    27    §  3.  The  vehicle and traffic law is amended by adding a new section
    28  1212-a to read as follows:
    29    § 1212-a. Sideshows and street  takeovers.  1.  (a)  No  person  shall
    30  organize,  facilitate, promote, take or have a part or share in, partake
    31  in, share in, take part in, indulge in, contribute to, engage in, concur
    32  in, be a party to, compete in, undertake, or participate in profits to a
    33  sideshow or street takeover on  any  public  highway,  public  sidewalk,
    34  parking  lot,  public  property, or private property open to the public.
    35  For the purposes of this section "participate  in"  shall  also  include
    36  wagering  on  the  outcome of a   sideshow or street takeover; making an
    37  invitation to a street takeover or sideshow; acting as a starter or flag
    38  person; pushing or positioning a motor vehicle to a starting line; oper-
    39  ating, riding in, or positioning a motor  vehicle  for  the  purpose  of
    40  engaging  in,  facilitating, continuing, or establishing a boundary area
    41  for a  sideshow or street takeover; and directing persons or motor vehi-
    42  cles for the purposes of engaging  in,  facilitating,  or  continuing  a
    43  sideshow or street takeover.
    44    (b)  No  person  shall  knowingly be present as a spectator within two
    45  hundred feet of any sideshow or street takeover.  "Spectator" shall mean
    46  any person who is knowingly present at a sideshow or street takeover for
    47  the purpose of viewing, observing, watching, or witnessing the  sideshow
    48  or street takeover event as it progresses.
    49    2. For the purpose of this section:
    50    (a)  "sideshow"  shall  mean  and  include events in which one or more
    51  motor vehicle operator perform maneuvers or stunts for entertainment  or
    52  competition  purposes,  including  burnouts, power slides, donuts, whee-
    53  lies, drifting, the making of excessive  loud  engine  noises,  revving,
    54  and/or the use of illegal loud noise mufflers.
    55    (b) "street takeover" shall mean blocking or impeding the regular flow
    56  of traffic or pedestrians through all or a portion of a highway, parking

        S. 10059                            3

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