S T A T E O F N E W Y O R K
________________________________________________________________________
1426
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to default
judgments in cases of failure to answer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 2 of section 1806-a of the vehicle and
traffic law, as added by chapter 841 of the laws of 1984, are amended to
read as follows:
1. In the event a person charged with a traffic infraction does not
answer within the time specified, the court having jurisdiction, other
than a court in a city over one million population may, in addition to
any other action authorized by law, enter a plea of guilty on behalf of
the defendant and render a default judgment of a fine determined by the
court within the amount authorized by law. Any judgment entered pursuant
to default shall be civil in nature, but shall be treated as a
conviction for the purposes of this section. However, at least thirty
days after the expiration of the original date prescribed for entering a
plea and before a plea of guilty and a default judgment may be rendered,
the traffic violations bureau or, if there be none, the clerk of the
court, shall notify the defendant by [certified] FIRST CLASS mail: (a)
of the violation charged; (b) of the impending plea of guilty and
default judgment; (c) that such judgment [will] MAY be filed with the
county clerk of the county in which the operator or registrant is
located [,]; and (d) that a default or plea of guilty may be avoided by
entering a plea or making an appearance within thirty days of the send-
ing of such notice. Pleas entered within that period shall be in a
manner prescribed in the notice. In no case shall a default judgment and
plea of guilty be rendered more than two years after the expiration of
the time prescribed for originally entering a plea. When a person has
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05616-01-3
A. 1426 2
entered a plea of not guilty and has demanded a hearing, no fine or
penalty shall be imposed for any reason, prior to the holding of the
hearing which shall be scheduled by the court of such city, village or
town within thirty days of such demand.
2. The COURT IN WHICH A DEFAULT JUDGMENT IS ENTERED MAY FILE SUCH
JUDGMENT AND THE filing of the default judgment with the county clerk
shall have the full force and effect of a judgment duly docketed in the
office of such clerk and may be enforced in the same manner and with the
same effect as that provided by law in respect to executions issued
against property upon judgments of a court of record and such judgment
shall remain in full force and effect for eight years notwithstanding
any other provision of law.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.