S T A T E   O F   N E W   Y O R K
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                                  8438

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2009
                               ___________

Introduced  by  M.  of  A. TITONE, ABBATE, ESPAILLAT, GABRYSZAK, PAULIN,
  SPANO, McDONOUGH, MOLINARO, RAIA, TOWNSEND, WALKER, FIELDS  --  Multi-
  Sponsored by -- M. of A.  BOYLAND, GUNTHER, McKEVITT, PHEFFER, REILLY,
  WEISENBERG  --  read once and referred to the Committee on Transporta-
  tion

AN ACT enacting "Michelle and Jordan's Law"; and to  amend  the  vehicle
  and traffic law, in relation to speed contests and races

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Michelle and Jordan's Law".
  S  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:
  S 1182. Speed contests and races.  1. 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 in  any
motor  vehicle  or other speed contest or exhibition of speed on a high-
way. 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. A  violation  of
any  of the provisions of this section shall constitute a CLASS A misde-
meanor and be punishable by imprisonment of not more than thirty days or
a fine of not less than three hundred dollars nor more than five hundred
twenty-five dollars, or both such fine and imprisonment.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08790-01-9

              

A. 8438                             2

  2. A second conviction within twelve months of  a  violation  of  this
section  SHALL  CONSTITUTE  A  CLASS E FELONY AND shall be punishable by
imprisonment of [not more than six months] UP TO ONE YEAR AND ONE DAY 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.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Effective immediately the commissioner of
motor vehicles may add, amend, or repeal any rule or  regulation  neces-
sary for the timely implementation of this act on its effective date.