as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to public nuisances; providing that certain criminal gang behavior is a
public nuisance; authorizing injunctive relief and other remedies; proposing
coding for new law in Minnesota Statutes, chapter 617.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The definitions in this section apply to sections 617.91
to 617.97.
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"Continuously or regularly" means at least
five times in a period of not more than 12 months.
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"Criminal gang" has the meaning given in section 609.229.
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"Gang activity" means the commission of one or more of
the offenses listed in section 609.11, subdivision 9; criminal damage to property in the
first or second degree under section 609.595, subdivision 1 or 1a; trespass under section
609.605; or disorderly conduct under section 609.72.
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A criminal gang that continuously or regularly
engages in gang activities is a public nuisance.
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The habitual use of a place by a criminal gang for engaging
in gang activity is a public nuisance.
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(a) A county or city attorney, the attorney general, or a resident of the state may sue
to enjoin a public nuisance under sections 617.91 to 617.97.
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(b) A person who habitually associates with others to engage in the gang activity
as a member of the criminal gang may be made a defendant in the suit. A person who
owns or is responsible for maintaining a place that is habitually used for engaging in gang
activity may be made a defendant in the suit.
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(a) If the court finds that a criminal gang constitutes a public nuisance, the court
may enter a temporary or permanent order:
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(1) enjoining a defendant in the suit from engaging in the gang activities; and
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(2) imposing other reasonable requirements to prevent the gang from engaging
in future gang activities.
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(b) "Reasonable requirements" as specified in paragraph (a), clause (2), means any
injunctive limitation on gang behavior and social interaction that reduces opportunity for
gang activity. The court in imposing reasonable requirements must balance state interest in
public safety against constitutional first amendment freedom of association requirements.
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(c) If the court finds that a place is habitually used in a manner that constitutes a
public nuisance, the court may include in its order reasonable requirements to prevent the
use of the place for gang activity.
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A person who violates a temporary or permanent injunctive order under section
617.94 is subject to the following sentences for civil contempt:
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(1) a fine of not less than $1,000 nor more than $10,000;
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(2) confinement in jail for a term of not less than ten nor more than 30 days; or
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(3) both a fine and confinement.
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In an action brought under sections 617.91 to 617.97, the court may award a
prevailing party reasonable attorney fees and costs.
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In an action brought under sections 617.91 to 617.97, proof that gang activity by
a member of a criminal gang is frequently committed at a place or proof that a place is
frequently used for engaging in gang activity by a member of a criminal gang is prima
facie evidence that the person who owns or is responsible for maintaining the place
knowingly permitted the act.
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