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History
- Referred to alcoholism and drug abuse
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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
This measure would amend the Alcoholic Beverage Control Law to authorize a court outside a city with a population of over one million to render a default judgment of a fine against a person who does not appear in court within the specified time to answer a charge of underage possession of alcohol. This measure supplants our previous recommendation of an amendment to the Vehicle and Traffic Law authorizing courts to authorize suspension of a driver's license under the same conditions.
Years of experience in the judicial, law enforcement and child-welfare communities demonstrate that a charge of under-age possession of alcohol may be the first and best opportunity to avert more serious and potentially life-threatening alcohol-related offenses. When defendants less than age 21 are charged with under-age possession of alcohol with intent to consume under Alcoholic Beverage Control Law § 65-c, authorized sentences of requiring completion of alcohol awareness programs and community service offer potential judicial remedies to help deter drunk driving and other more serious offenses.
Read the full memo (623 words)
Unfortunately, many of these young defendants ignore their appearance tickets or, if convicted, ignore the very sentences calculated to discourage more serious offenses. Under current law, there is no practical redress or other remedy besides contempt, a resource-intensive path that may lead to incarceration inapposite for these offenders. For that reason, large numbers of under-age defendants flaunt the law: many do so precisely because they know there is no negative consequence for ignoring the charge or sentence. This, in turn, compounds their disrespect for the law and encourages further offenses. The Internet is rife with advice for teens concerning the lack of negative consequences for ignoring appearance tickets or court-imposed penalties for under-age drinking. Given these dynamics, it is little surprise that in some courts, the scoff rate on under-age alcohol possession exceeds 30%. These dynamics are particularly evident after proms, concerts, festivals and other large gatherings of teens, which expose teens not only to alcohol but also to the risk of drunk driving. Remedies for alcohol-possession violations are sorely needed in order to deter drunk driving and prevent injuries and deaths.
While fully cognizant that under-age offenders are minors for whom our law must take an especially measured approach, New York State must ensure that courts have effectual remedies at their disposal when persons charged with under-age possession of alcohol fail to appear or complete court-ordered sentences. By doing so, the Legislature would promote respect for the law and the courts generally, and help prevent more serious offenses and concomitant risk to life.
Accordingly, this measure would authorize a court to render a civil default judgment against a defendant who fails to answer a charge of under-age possession of alcohol with intent to consume under ABC Law § 65-c, or who is convicted and fails to timely satisfy his or her sentence. This limited approach seeks only to bring these defendants before the court to answer charges and honor sentences that are calculated to educate them and prevent potentially life-threatening behaviors.
This measure, which would have no fiscal impact on state or local governments, would take effect on the first day of January next succeeding the date on which it shall have become a law and shall apply where the acts constituting unlawful possession of an alcoholic beverage with intent to consume for the offense of which the person is convicted occurred on or after such effective date.
Legislative history
None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.