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

1 Co-sponsor

• Rich Funke

BILL NUMBER:S3600

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

c. The courts can look back to cases within two years of the enactment of this law to pursue those who have failed to appear.

SECTION 2 provides that this act shall take immediately.

Purpose and justification

Local Justices are reporting an alarming number of people, particularly young people, who are simply disregarding appearance tickets in cases of underage possession of alcohol. Many apparently realize that if they do not appear, or complete a course or community service, or pay their fine, there is nothing more that the court can do. Because jail time is not a possible sentence, the court cannot issue a warrant. The small fines or educational and service requirements cannot be increased as an incentive to complete the sentence of the court. Over a recent period of time in one local court, out of ninety six arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pretrial and thirty-five (35%) have not completed their court ordered alcohol awareness program. Sixty-eight (68%) have appeared, paid their fine and completed their course, which is actually higher than the rate of success in many courts because the court in question tries to involve the young person's parents in the process. The unenforceability of the current law encourages a lack of respect for the courts and the law by young people and weakens the educational purposes of these laws to discourage underage drinking. This bill simply offers the courts a means to try to encourage those charged with underage possession of alcohol to respond to the courts and hopefully help those youths who may be at risk for alcohol dependency.

Existing law

Section 65-c makes possession of alcohol with intent to consume by a minor illegal.

V&T section 1806-a provides a similar procedure for those who fail to respond to traffic and parking tickets.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.