S T A T E O F N E W Y O R K
________________________________________________________________________
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Michelle and Jordan's Law".
3 S 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 S 1182. Speed contests and races. 1. 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 in any
12 motor vehicle or other speed contest or exhibition of speed on a high-
13 way. Such event, if held, shall be fully and efficiently patrolled for
14 the entire distance over which such race, exhibition or contest for
15 speed is to be held. Participants in a race, exhibition or contest of
16 speed are exempted from compliance with any traffic laws otherwise
17 applicable thereto, but shall exercise reasonable care. A violation of
18 any of the provisions of this section shall constitute a CLASS A misde-
19 meanor and be punishable by imprisonment of not more than thirty days or
20 a fine of not less than three hundred dollars nor more than five hundred
21 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
1 2. A second conviction within twelve months of a violation of this
2 section SHALL CONSTITUTE A CLASS E FELONY AND shall be punishable by
3 imprisonment of [not more than six months] UP TO ONE YEAR AND ONE DAY or
4 a fine of not less than five hundred twenty-five dollars nor more than
5 seven hundred fifty dollars, or both such fine and imprisonment.
6 S 3. This act shall take effect on the one hundred eightieth day after
7 it shall have become a law. Effective immediately the commissioner of
8 motor vehicles may add, amend, or repeal any rule or regulation neces-
9 sary for the timely implementation of this act on its effective date.