NY State Senate Bill 2025-S5770

Senate Bill S5770

2025-2026 Legislative Session

Enacts "Brendon's law" relating to motor vehicle speed contests, races, sideshows and street takeovers

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2025	referred to transportation

co-Sponsors

2025-S5770 (ACTIVE) - Details

See Assembly Version of this Bill:: A6986
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1182, add §1212-a, V & T L

2025-S5770 (ACTIVE) - Summary

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.

2025-S5770 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5770

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to motor vehi-
cle speed contests, sideshows and street takeovers

 
PURPOSE:

To deter motor vehicle street takeovers by increasing penalties.

 
SUMMARY OF PROVISIONS:

Section 1. Cites this act as "Brendon's Law"

Section 2. Section 1182 of the vehicle and traffic law is amended to
provide the definition of 'participate in"

Section 3. The vehicle and traffic law is amended by adding a new
section 1212a which provides definitions of side shows and street take-
overs, expands on the definition of 'participate in', addresses meaning

of 'spectator and states that a violation of this section shall result
in a misdemeanor punishable by jail time or fine. It also states that
vehicles involved in violation shall be subject to seizure and possible
forfeiture.

Section 4. Sets an immediate effective date.

 
JUSTIFICATION:

Illegal street racing and organized street takeovers are a growing
threat to public safety and endanger the lives of motorists, pedestrians
and law enforcement officers alike. These dangerous activities involve
reckless speeding, stunts and the deliberate obstruction of public roads
that can lead to serious injuries, fatalities and extensive damage to
public and private property.

The urgency of addressing this issue was underscored by a tragic inci-
dent involving Suffolk County Police Department Highway Patrol Officer
Brendon Gallagher, who was severely injured while attempting to stop a
motorist travelling more than 90 miles per hour. Officer Gallagher's
commitment to public safety, as part of Suffolk County's Street Takeover
Task Force, highlights the escalating risks that law enforcement offi-
cers face when confronting lawless drivers.

Current penalties for illegal street racing and takeovers have proven
insufficient to deter offenders. Many participants, emboldened by social
media and the perceived lack of severe consequences continue to engage
in these activities despite fines and criminal penalties.  This seeks to
strengthen enforcement efforts, enhance penalties and provide law
enforcement with the tools to prevent and disrupt these unlawful activ-
ities before they result in further tragedy.

Brendon's Law affirms New York State's commitment to:

Protecting public safety by imposing stricter penalties on all individ-
uals who engage in illegal street racing, reckless driving and take-
overs.
Deterring reckless behavior through enhanced enforcement mechanisms and
harsher consequences, including vehicle seizure and potential forfei-
ture.

Supporting law enforcement in their efforts to prevent these dangerous
activities and hold offenders accountable.

By enacting this law, New York State sends a clear message that reckless
disregard for public safety will not be tolerated. Our roads must remain
safe for law-abiding citizens and those who choose to endanger others
through illegal racing and takeovers will face serious legal conse-
quences.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately

2025-S5770 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5770
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09419-02-5

 S. 5770                             2
 
   (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
 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-
 S. 5770                             3
 
 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
 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.

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Senate Bill S5770

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Sponsored By

Anthony H. Palumbo