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Assembly Bill A1426

2013-2014 Legislative Session

Permits, rather than requires default judgments in cases of failure to answer

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Archive: Last Bill Status - In Assembly Committee

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2013-A1426 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1806-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A973
2011-2012: A1344
2015-2016: A621
2017-2018: A1130
2019-2020: A2714

2013-A1426 (ACTIVE) - Summary

Permits, rather than requires, the filing of a default judgment in cases where a person fails to answer a traffic infraction after having been given notice by first class mail that such default judgment may be entered for failure to appear.

2013-A1426 (ACTIVE) - Bill Text download pdf 

                            
                    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.

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