Signed by Governor Jack Markell

Vote Smart's Synopsis:

Vote to pass a bill that expands the definition of a "criminal nuisance", with regard to property.

Highlights:

• Amends the definition of "criminal nuisance" to include, but not be limited to, any property at which (Sec. 7):
• Three or more separate illegal drug events have occurred within one year prior to the enactment of this act, and of which one would be considered a felony;
• Any illegal use, sale, manufacturing, possession, or delivery of firearms occurs;
• Prostitution is promoted; or
• Criminal gangs are engaged in criminal gang activity.

• Defines "adverse impact" as including, but not being limited to, one of more of the following provisions (Sec. 7):
• Property damages related to nuisances such as drug activity, illegal firearms, criminal gangs, violent felonies and prostitution in or near the property in question;
• Fear of residents to walk in public areas due to the above nuisances;
• An increased number of police calls to the property in question due to the above nuisances; or
• Bothersome solicitations to engage in prostitution or drug activity.

• Specifies that if the court finds that a property constitutes a criminal nuisance that is adversely impacting the community, then the court may issue a temporary abatement order to close the property in question (Sec. 15):
• The temporary abatement order shall be in place until a permanent abatement hearing occurs.

• Authorizes the court, in the event of the establishment of criminal nuisance in the trial, to grant permanent abatement relief, which prohibits the defendant from continuing the criminal nuisance at the property (Sec. 16).

• Specifies that if a court, after trial, finds that a property is a criminal nuisance, then the court shall order civil penalties of $25,000 or up to $1,000 for each day that a criminal nuisance exists (Sec. 36).

Full Bill Text