S 10059

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   10059
                             I N  S E N A T E
                              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:
   Section 1. This act shall be known and  may  be  cited  as  "Brendon's
 law".
   §  2. Section 1182 of the vehicle and traffic law, as amended by chap-
 ter 594 of the laws of 1987, subdivisions 1 and 2 as amended by  section
 9  of  part  C  of chapter 62 of the laws of 2003, is amended to read as
 follows:
   § 1182. Speed contests and races. 1. (A) Except as provided in section
 eleven hundred eighty-two-a of this article or section  sixteen  hundred
 thirty,  sixteen  hundred  forty,  sixteen  hundred forty-two or sixteen
 hundred sixty of this chapter, no  races,  exhibitions  or  contests  of
 speed  shall  be  held and no person shall engage [in or aid or abet] OR
 PARTICIPATE in any motor vehicle or other speed contest or exhibition of
 speed on a highway. "PARTICIPATE IN" SHALL MEAN TO ORGANIZE, FACILITATE,
 PROMOTE, TAKE OR HAVE A PART OR SHARE IN, PARTAKE  IN,  SHARE  IN,  TAKE
 PART IN, INDULGE IN, CONTRIBUTE TO, ENGAGE IN, CONCUR IN, BE A PARTY TO,
 COMPETE  IN,  UNDERTAKE, OR PARTICIPATE IN PROFITS TO A SPEED CONTEST OR
 RACE. FOR THE PURPOSES OF  THIS  SECTION  "PARTICIPATE  IN"  SHALL  ALSO
 INCLUDE  WAGERING  ON  THE OUTCOME OF A SPEED CONTEST OR RACE; MAKING AN
 INVITATION TO RACE; ACTING AS A STARTER OR FLAG PERSON; PUSHING OR POSI-
 TIONING A MOTOR VEHICLE TO A STARTING LINE;  OPERATING,  RIDING  IN,  OR
 POSITIONING  A  MOTOR VEHICLE FOR THE PURPOSE OF ENGAGING IN, FACILITAT-
 ING, CONTINUING, OR ESTABLISHING A BOUNDARY AREA FOR A RACE; AND DIRECT-
 ING PERSONS OR MOTOR VEHICLES FOR THE PURPOSES OF ENGAGING  IN,  FACILI-
 TATING, OR CONTINUING A RACE.
   (B)  NO  PERSON  SHALL  KNOWINGLY BE PRESENT AS A SPECTATOR WITHIN TWO
 HUNDRED FEET OF ANY SPEED CONTEST OR RACE. A "SPECTATOR" SHALL MEAN  ANY
 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
 PURPOSE OF VIEWING, OBSERVING, WATCHING, OR WITNESSING THE EVENT  AS  IT
 PROGRESSES.
   (C)  Such event, if held, shall be fully and efficiently patrolled for
 the entire distance over which such  race,  exhibition  or  contest  for
 speed  is  to  be held. Participants in a race, exhibition or contest of
 speed are exempted from  compliance  with  any  traffic  laws  otherwise
 applicable thereto, but shall exercise reasonable care.
   2.  (A)  A  violation  of  any of the provisions of this section shall
 constitute a misdemeanor and be punishable by imprisonment of  not  more
 than  thirty  days or a fine of not [less] MORE than [three] SIX hundred
 dollars [nor more than five hundred twenty-five dollars], or  both  such
 fine and imprisonment.
   [2.  A  second  conviction within twelve months of a violation of this
 section shall be punishable by imprisonment of not more than six  months
 or  a  fine  of  not less than five hundred twenty-five dollars nor more
 than seven hundred fifty dollars, or both such  fine  and  imprisonment]
 (B) A SECOND OR SUBSEQUENT VIOLATION COMMITTED WITHIN TEN YEARS SHALL BE
 PUNISHABLE  UPON CONVICTION BY IMPRISONMENT OF NOT MORE THAN ONE YEAR OR
 A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS,  OR  BOTH  SUCH  FINE  AND
 IMPRISONMENT.  IN  ADDITION,  THE  VEHICLE  OR  VEHICLES  INVOLVED  IN A
 VIOLATION OF THIS SECTION SHALL BE SUBJECT  TO  SEIZURE  AND  FORFEITURE
 WHICH  ACTIONS SHALL BE GOVERNED BY THE PROCEDURES ENUMERATED IN ARTICLE
 THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES. A NONCRIMINAL  DEFENDANT
 MUST TAKE ALL PRUDENT STEPS TO PREVENT THE ILLEGAL USE OF THEIR VEHICLE,
 AND WILLFUL DISREGARD BY THE OWNER OR LIENHOLDER OF THE ACTS GIVING RISE
 TO FORFEITURE SHALL NOT CONSTITUTE A DEFENSE TO SUCH FORFEITURE.
   §  3.  The  vehicle and traffic law is amended by adding a new section
 1212-a to read as follows:
   § 1212-A. SIDESHOWS AND STREET  TAKEOVERS.  1.  (A)  NO  PERSON  SHALL
 ORGANIZE,  FACILITATE, PROMOTE, TAKE OR HAVE A PART OR SHARE IN, PARTAKE
 IN, SHARE IN, TAKE PART IN, INDULGE IN, CONTRIBUTE TO, ENGAGE IN, CONCUR
 IN, BE A PARTY TO, COMPETE IN, UNDERTAKE, OR PARTICIPATE IN PROFITS TO A
 SIDESHOW OR STREET TAKEOVER ON  ANY  PUBLIC  HIGHWAY,  PUBLIC  SIDEWALK,
 PARKING  LOT,  PUBLIC  PROPERTY, OR PRIVATE PROPERTY OPEN TO THE PUBLIC.
 FOR THE PURPOSES OF THIS SECTION "PARTICIPATE  IN"  SHALL  ALSO  INCLUDE
 WAGERING  ON  THE  OUTCOME OF A   SIDESHOW OR STREET TAKEOVER; MAKING AN
 INVITATION TO A STREET TAKEOVER OR SIDESHOW; ACTING AS A STARTER OR FLAG
 PERSON; PUSHING OR POSITIONING A MOTOR VEHICLE TO A STARTING LINE; OPER-
 ATING, RIDING IN, OR POSITIONING A MOTOR  VEHICLE  FOR  THE  PURPOSE  OF
 ENGAGING  IN,  FACILITATING, CONTINUING, OR ESTABLISHING A BOUNDARY AREA
 FOR A  SIDESHOW OR STREET TAKEOVER; AND DIRECTING PERSONS OR MOTOR VEHI-
 CLES FOR THE PURPOSES OF ENGAGING  IN,  FACILITATING,  OR  CONTINUING  A
 SIDESHOW OR STREET TAKEOVER.
   (B)  NO  PERSON  SHALL  KNOWINGLY BE PRESENT AS A SPECTATOR WITHIN TWO
 HUNDRED FEET OF ANY SIDESHOW OR STREET TAKEOVER.  "SPECTATOR" SHALL MEAN
 ANY PERSON WHO IS KNOWINGLY PRESENT AT A SIDESHOW OR STREET TAKEOVER FOR
 THE PURPOSE OF VIEWING, OBSERVING, WATCHING, OR WITNESSING THE  SIDESHOW
 OR STREET TAKEOVER EVENT AS IT PROGRESSES.
   2. FOR THE PURPOSE OF THIS SECTION:
   (A)  "SIDESHOW"  SHALL  MEAN  AND  INCLUDE EVENTS IN WHICH ONE OR MORE
 MOTOR VEHICLE OPERATOR PERFORM MANEUVERS OR STUNTS FOR ENTERTAINMENT  OR
 COMPETITION  PURPOSES,  INCLUDING  BURNOUTS, POWER SLIDES, DONUTS, WHEE-
 LIES, DRIFTING, THE MAKING OF EXCESSIVE  LOUD  ENGINE  NOISES,  REVVING,
 AND/OR THE USE OF ILLEGAL LOUD NOISE MUFFLERS.
   (B) "STREET TAKEOVER" SHALL MEAN BLOCKING OR IMPEDING THE REGULAR FLOW
 OF TRAFFIC OR PEDESTRIANS THROUGH ALL OR A PORTION OF A HIGHWAY, PARKING
 S. 10059                            3
 LOT, OR PUBLIC PLACE, INCLUDING PRIVATE PROPERTY OPEN TO THE PUBLIC, FOR
 THE PURPOSES OF A SIDESHOW OR ENGAGING IN STUNT BEHAVIOR.
   (C) "STUNT BEHAVIOR" SHALL MEAN TO PERFORM BURNOUTS, DONUTS, DRIFTING,
 REVVING, WHEELIES AND SIMILAR MANEUVERS.
   3.  A  VIOLATION OF THIS SECTION SHALL CONSTITUTE A MISDEMEANOR AND BE
 PUNISHABLE BY IMPRISONMENT OF NOT MORE THAN SIX MONTHS OR A FINE OF  NOT
 MORE  THAN  SIX  HUNDRED  DOLLARS, OR BOTH SUCH FINE AND IMPRISONMENT. A
 SECOND OR SUBSEQUENT VIOLATION  COMMITTED  WITHIN  TEN  YEARS  SHALL  BE
 PUNISHABLE  UPON CONVICTION BY IMPRISONMENT OF NOT MORE THAN ONE YEAR OR
 A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS,  OR  BOTH  SUCH  FINE  AND
 IMPRISONMENT.  IN  ADDITION,  THE  VEHICLE  OR  VEHICLES  INVOLVED  IN A
 VIOLATION OF THIS SECTION SHALL BE SUBJECT  TO  SEIZURE  AND  FORFEITURE
 WHICH  ACTIONS SHALL BE GOVERNED BY THE PROCEDURES ENUMERATED IN ARTICLE
 THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES. A NONCRIMINAL  DEFENDANT
 MUST TAKE ALL PRUDENT STEPS TO PREVENT THE ILLEGAL USE OF THEIR VEHICLE,
 AND WILLFUL DISREGARD BY THE OWNER OR LIENHOLDER OF THE ACTS GIVING RISE
 TO FORFEITURE SHALL NOT CONSTITUTE A DEFENSE TO SUCH FORFEITURE.
   § 4. This act shall take effect immediately.