Bill Text: NY A04394 | 2017-2018 | General Assembly | Introduced

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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: Slight Partisan Bill (Democrat 11-7)

Status: (Introduced - Dead) 2018-04-17 - reported referred to codes [A04394 Detail]

Download: New_York-2017-A04394-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4394
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by  M.  of  A.  SCHIMMINGER,  CRESPO,  STIRPE, COOK, HOOPER,
          HAWLEY, MONTESANO, DiPIETRO, GIGLIO -- Multi-Sponsored by -- M. of  A.
          ABBATE,  BARCLAY,  GALEF, HEVESI, LOPEZ, MAGEE, McDONOUGH, RA, RIVERA,
          THIELE -- read once and referred to the Committee on Economic Develop-
          ment
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06142-01-7
        A. 4394                             2
     1  default  judgment  and  plea  of  guilty be rendered more than two years
     2  after the expiration of the time prescribed for  originally  entering  a
     3  plea.  When a person has entered a plea of not guilty and has demanded a
     4  hearing,  no  fine  or penalty shall be imposed for any reason, prior to
     5  the holding of the hearing which shall be scheduled by the court of such
     6  city, village or town within thirty days of such demand.
     7    8. The filing of the default judgment with the county clerk shall have
     8  the full force and effect of a judgment duly docketed in the  office  of
     9  such  clerk  and  may  be  enforced in the same manner and with the same
    10  effect as that provided by law in respect to executions  issued  against
    11  property  upon  judgments  of  a court of record and such judgment shall
    12  remain in full force and effect  for  eight  years  notwithstanding  any
    13  other provision of law.
    14    9.  Notwithstanding  the  provisions  of  subdivision  seven  of  this
    15  section, the clerk of the court, shall have two years from the effective
    16  date of this subdivision to serve notice upon the person charged with  a
    17  violation of this section who has not answered within the time specified
    18  and prior to the effective date of this subdivision.
    19    § 2. This act shall take effect immediately.