SF 2014

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; creating a nuisance action 
  1.3             for prostitution; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 617. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [617.88] [PROSTITUTION NUISANCE ACTION.] 
  1.7      Subdivision 1.  [DEFINITIONS.] The definitions in section 
  1.8   609.321 apply to this section. 
  1.9      Subd. 2.  [ACTION ESTABLISHED.] A nuisance action may be 
  1.10  brought under this section against a person who promotes the 
  1.11  prostitution of an individual or a patron for prostitution or 
  1.12  prostitution-related activity.  The action may be brought by a 
  1.13  resident of the neighborhood where the person promotes the 
  1.14  prostitution of an individual or where a patron has engaged in 
  1.15  prostitution or prostitution-related activity.  Upon the request 
  1.16  of a resident, the prosecuting attorney for the jurisdiction may 
  1.17  bring an action under this section.  The complaint must be filed 
  1.18  with the court and served on the respondent in the manner 
  1.19  provided by the rules of civil procedure.  The action may not be 
  1.20  brought against a prostitute. 
  1.21     Subd. 3.  [PROOF.] A nuisance consisting of prostitution or 
  1.22  a prostitution-related activity may be proved by evidence of: 
  1.23     (1) an act that would constitute a violation of sections 
  1.24  609.321 to 609.324; or 
  1.25     (2) a conviction for violating any of those sections. 
  2.1      Subd. 4.  [REMEDIES.] If, upon a hearing, the court finds 
  2.2   proof of a nuisance under this section, it shall permanently 
  2.3   enjoin the respondent from engaging in prostitution or 
  2.4   prostitution-related activity.  The court shall award an 
  2.5   individual petitioner damages in the amount of actual damages 
  2.6   suffered or exemplary damages of $500 per incident, whichever is 
  2.7   greater.  If the action is brought by the prosecuting attorney, 
  2.8   the court shall award damages of $500 to be paid to a crime 
  2.9   victim witness fund serving the jurisdiction.  The court may 
  2.10  award a prevailing petitioner reasonable attorney fees and costs.