The New York State Senate

                    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.

                                                           LBD06142-01-7

A. 4394                             2

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 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.
  8. 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.
  9.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN  OF  THIS
SECTION, THE CLERK OF THE COURT, SHALL HAVE TWO YEARS FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION TO SERVE NOTICE UPON THE PERSON CHARGED WITH  A
VIOLATION OF THIS SECTION WHO HAS NOT ANSWERED WITHIN THE TIME SPECIFIED
AND PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  § 2. This act shall take effect immediately.