Bill Text: NY S03238 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes courts, other than courts in a city of a million or more, to render default judgments in cases of failure to answer for unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years; requires clerks to notify defendants prior to the plea and judgment being rendered; allows judgment to have full force and effect.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-06-21 - referred to codes [S03238 Detail]

Download: New_York-2017-S03238-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3238
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 20, 2017
                                       ___________
        Introduced  by Sens. RANZENHOFER, FUNKE -- read twice and ordered print-
          ed, and when printed to be committed to the  Committee  on  Alcoholism
          and Drug Abuse
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          authorizing courts to render default judgments in cases of failure  to
          answer  for  unlawful  possession  of  an  alcoholic beverage with the
          intent to consume by persons under the age of twenty-one years
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  65-c  of  the  alcoholic beverage control law is
     2  amended by adding three new subdivisions 7, 8 and 9 to read as follows:
     3    7. In the event a person charged with a violation of this section does
     4  not answer within the time specified,  the  court  having  jurisdiction,
     5  other  than  a court in a city over one million population may, in addi-
     6  tion to any other action authorized by law, enter a plea  of  guilty  on
     7  behalf  of  the defendant and render a default judgment of a fine deter-
     8  mined by the court within the amount authorized  by  law.  Any  judgment
     9  entered  pursuant  to  default  shall  be  civil in nature, and shall be
    10  treated as a determination sustaining such charge for  the  purposes  of
    11  this section.  However, at least thirty days after the expiration of the
    12  original date prescribed for entering a plea and before a plea of guilty
    13  and  a  default  judgment  may be rendered, the clerk of the court shall
    14  notify the defendant by certified mail: (a) of  the  violation  charged;
    15  (b)  of the impending plea of guilty and default judgment; (c) that such
    16  judgment will be filed with the county clerk of the county in which  the
    17  operator  or  registrant  is  located; and (d) that a default or plea of
    18  guilty may be avoided by entering a plea or making an appearance  within
    19  thirty  days  of  the  sending of such notice. Pleas entered within that
    20  period shall be in a manner prescribed in the notice. In no case shall a
    21  default judgment and plea of guilty be  rendered  more  than  two  years
    22  after  the  expiration  of the time prescribed for originally entering a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06142-01-7

        S. 3238                             2
     1  plea. When a person has entered a plea of not guilty and has demanded  a
     2  hearing,  no  fine  or penalty shall be imposed for any reason, prior to
     3  the holding of the hearing which shall be scheduled by the court of such
     4  city, village or town within thirty days of such demand.
     5    8. The filing of the default judgment with the county clerk shall have
     6  the  full  force and effect of a judgment duly docketed in the office of
     7  such clerk and may be enforced in the same  manner  and  with  the  same
     8  effect  as  that provided by law in respect to executions issued against
     9  property upon judgments of a court of record  and  such  judgment  shall
    10  remain  in  full  force  and  effect for eight years notwithstanding any
    11  other provision of law.
    12    9.  Notwithstanding  the  provisions  of  subdivision  seven  of  this
    13  section, the clerk of the court, shall have two years from the effective
    14  date  of this subdivision to serve notice upon the person charged with a
    15  violation of this section who has not answered within the time specified
    16  and prior to the effective date of this subdivision.
    17    § 2. This act shall take effect immediately.
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