|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to alcoholism and substance abuse|
|Feb 06, 2019||referred to alcoholism and substance abuse|
senate Bill S3388
Archive: Last Bill Status - In Senate Committee Alcoholism And Substance Abuse Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3388 (ACTIVE) - Details
S3388 (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.
S3388 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3388 SPONSOR: RANZENHOFER TITLE OF BILL: 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 SUMMARY OF PROVISIONS: SECTION 1 amends section 65-c of the Alcoholic Beverage Control Law by adding new subdivisions 7, 8 and 9 which provide that; a. a court other than a court in a city over one million in population may render a default judgment of a fine as permitted by law if the person charged fails to appear, and sets out the procedure required. b. the judgment shall have the full force and effect of a civil judgment which shall remain in effect for eight years unless earlier satisfied
S3388 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3388 2019-2020 Regular Sessions I N S E N A T E February 6, 2019 ___________ Introduced by Sens. RANZENHOFER, FUNKE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Alcoholism and Substance 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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