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NY S03238
Bill
Status
6/15/2017
Primary Sponsor
Michael Ranzenhofer
Click for details
AI Summary
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Courts in cities with populations under one million may enter a default guilty plea and render a judgment fine for defendants charged with unlawful possession of alcoholic beverages by persons under 21 who fail to answer within the specified time.
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Court clerks must notify defendants by certified mail at least 30 days after the original answer date, informing them of the violation, impending guilty plea, default judgment, and their right to avoid default by entering a plea within 30 days of notice.
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Default judgments must be filed with the county clerk and have the same force and effect as docketed judgments, remaining enforceable for eight years and subject to execution against property.
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Defendants who enter a plea of not guilty and demand a hearing cannot have a fine imposed prior to a hearing scheduled within 30 days of the demand.
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Court clerks have two years from the bill's effective date to serve notice on defendants charged before the effective date who had not answered within the original timeframe.
Legislative Description
Authorizes courts, other than courts in a city of a million or more, 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; requires clerks to notify defendants prior to the plea and judgment being rendered; allows judgment to have full force and effect.
Last Action
referred to codes
6/21/2018