Senate Bill S3388

                            
 
                     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.
              

                                                            LBD01638-01-9

 S. 3388                             2
 
 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.