S T A T E   O F   N E W   Y O R K
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                                  7039

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced  by  M. of A. SCHIMMINGER, CRESPO -- Multi-Sponsored by -- M.
  of A. ABBATE, GALEF, HEVESI, MAGEE, RIVERA, SCHIMEL,  THIELE  --  read
  once and referred to the Committee on Economic Development

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.
                                                           LBD08445-01-5
              

A. 7039                             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.
  S 2. This act shall take effect immediately.