HF 2627

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public nuisances; making changes to public nuisance law affecting
evidentiary thresholds and numbers of triggering incidents required for specific
offenses; amending Minnesota Statutes 2006, section 617.81, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 617.81, subdivision 2, is amended to read:

Subd. 2.

Acts constituting a nuisance.

(a) For purposes of sections 617.80 to
617.87, a public nuisance exists new text begin (i) upon proof of one or more separate behavioral
incidents described in clause (1), (5), or (8), or (ii) new text end upon proof of two or more separate
behavioral incidents deleted text begin of one or more of the following deleted text end new text begin described in clause (2), (3), (4), (6),
(7), or (9) new text end , committed within the previous 12 months within the building:

(1) prostitution or prostitution-related activity committed within the building;

(2) gambling or gambling-related activity committed within the building;

(3) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);

(4) permitting a public nuisance in violation of section 609.745;

(5) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
use of controlled substances committed within the building;

(6) unlicensed sales of alcoholic beverages committed within the building in
violation of section 340A.401;

(7) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed
within the building in violation of section 340A.503, subdivision 2, clause (1);

(8) unlawful use or possession of a deleted text begin firearm in violation of section 609.66, subdivision
1a, 609.67, or 624.713 deleted text end new text begin dangerous weapon as defined in section 609.02, subdivision 6 new text end ,
committed within the building; or

(9) violation by a commercial enterprise of local or state business licensing
regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
defined in section 609.74 or the control of a public nuisance as defined in section 609.745.

(b) If the building contains more than one rental unit, two or more behavioral
incidents must consist of conduct:

(1) anywhere in the building by the same tenant or lessee, or persons acting in
conjunction with or under the control of the same tenant or lessee;

(2) by any persons within the same rental unit while occupied by the same tenant or
lessee or within two or more rental units while occupied by the same tenant or lessee; or

(3) by the owner of the building or persons acting in conjunction with or under
the control of the owner.

(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
nuisance is established by deleted text begin clear and convincing deleted text end new text begin preponderance of new text end evidence.

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 applies to crimes committed on or after August 1, 2008.
new text end