What's happening
This bill allows courts outside New York City to issue default judgments, including fines, for underage alcohol possession when defendants fail to respond.
Why it matters
Expands courts’ authority outside NYC. By allowing courts outside of New York City to issue default judgments (including fines) for underage alcohol possession when a defendant doesn’t respond, this bill streamlines enforcement and can increase consequences for non-compliance in those regions.
Establishes a clear notification process. The bill requires courts to send certified mail notice to defendants before entering a default judgment. This ensures individuals have a second chance to respond, potentially reducing claims of unfair treatment or lack of due process.
Makes fines enforceable as civil judgments. Default judgments for these violations will be treated as civil judgments, giving them the same legal force as other debts—allowing for collection actions like property liens and remaining effective for eight years. This could have long-term financial impacts on young people who ignore the charges.
Applies retroactively for pending cases. The bill allows courts two years to notify and pursue default judgments for violations that occurred before the bill’s passage but where the accused never responded, potentially affecting people with unresolved underage possession tickets from prior years.
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Who cares
Headline styles
Default Judgments for Underage Drinking
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to alcoholism and substance abuse
- Referred to alcoholism and substance abuse
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3388
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sens. RANZENHOFER, FUNKE -- read twice and ordered printed, 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 Assembly, 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 addition 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 determined 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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
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 hope- fully 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
2015-16 - S.3600/A.7039 - PASSED SENATE/Codes 2017-18 - S.3238/A.4394 - PASSED SENATE/Econ Dev ('17) & Codes ('18)
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.