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Senate Bill S3238

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

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2017-S3238 (ACTIVE) - Details

See Assembly Version of this Bill:
A4394
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: S3600, A7039
2019-2020: S3388

2017-S3238 (ACTIVE) - Summary

Authorizes courts, other than courts in a city of one 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.

2017-S3238 (ACTIVE) - Sponsor Memo

2017-S3238 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3238
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by Sens. RANZENHOFER, FUNKE -- read twice and ordered print-
   ed, and when printed to be committed to the  Committee  on  Alcoholism
   and Drug Abuse
 
 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
 DEFAULT JUDGMENT AND PLEA OF GUILTY BE  RENDERED  MORE  THAN  TWO  YEARS
 AFTER  THE  EXPIRATION  OF THE TIME PRESCRIBED FOR ORIGINALLY ENTERING A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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