assembly Bill A4394

2017-2018 Legislative Session

Authorizes 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

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 17, 2018 reported referred to codes
Jan 03, 2018 referred to economic development
Feb 02, 2017 referred to economic development

Co-Sponsors

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Multi-Sponsors

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A4394 (ACTIVE) - Details

See Senate Version of this Bill:
S3238
Current Committee:
Assembly Codes
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-c, ABC L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7039, S3600
2019-2020: S3388

A4394 (ACTIVE) - Summary

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.

A4394 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4394

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section 1. Section 65-c of  the  alcoholic  beverage  control  law  is
amended by adding three new subdivisions 7, 8 and 9 to read as follows:
  7. IN THE EVENT A PERSON CHARGED WITH A VIOLATION OF THIS SECTION DOES
NOT  ANSWER  WITHIN  THE  TIME SPECIFIED, THE COURT HAVING JURISDICTION,
OTHER THAN A COURT IN A CITY OVER ONE MILLION POPULATION MAY,  IN  ADDI-
TION  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  DETER-
MINED  BY  THE  COURT  WITHIN THE AMOUNT AUTHORIZED BY LAW. ANY JUDGMENT
ENTERED PURSUANT TO DEFAULT SHALL BE  CIVIL  IN  NATURE,  AND  SHALL  BE
TREATED  AS  A  DETERMINATION SUSTAINING SUCH CHARGE 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 CLERK  OF  THE  COURT  SHALL
NOTIFY  THE  DEFENDANT  BY CERTIFIED MAIL: (A) OF THE VIOLATION CHARGED;
(B) OF THE IMPENDING PLEA OF GUILTY AND DEFAULT JUDGMENT; (C) THAT  SUCH
JUDGMENT  WILL 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 SENDING OF SUCH NOTICE.  PLEAS  ENTERED  WITHIN  THAT
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.