SF 493

Conference Committee Report - 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:

Section 1.

new text begin [617.91] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The definitions in this section apply to sections 617.91
to 617.97.
new text end

new text begin Subd. 2. new text end

new text begin Continuously or regularly. new text end

new text begin "Continuously or regularly" means at least
five times in a period of not more than 12 months.
new text end

new text begin Subd. 3. new text end

new text begin Criminal gang. new text end

new text begin "Criminal gang" has the meaning given in section 609.229.
new text end

new text begin Subd. 4. new text end

new text begin Gang activity. new text end

new text begin "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.
new text end

Sec. 2.

new text begin [617.92] PUBLIC NUISANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Gang activities. new text end

new text begin A criminal gang that continuously or regularly
engages in gang activities is a public nuisance.
new text end

new text begin Subd. 2. new text end

new text begin Use of place. new text end

new text begin The habitual use of a place by a criminal gang for engaging
in gang activity is a public nuisance.
new text end

Sec. 3.

new text begin [617.93] SUIT TO ABATE NUISANCE.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 4.

new text begin [617.94] COURT ORDER.
new text end

new text begin (a) If the court finds that a criminal gang constitutes a public nuisance, the court
may enter a temporary or permanent order:
new text end

new text begin (1) enjoining a defendant in the suit from engaging in the gang activities; and
new text end

new text begin (2) imposing other reasonable requirements to prevent the gang from engaging
in future gang activities.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 5.

new text begin [617.95] VIOLATION OF COURT ORDER.
new text end

new text begin A person who violates a temporary or permanent injunctive order under section
617.94 is subject to the following sentences for civil contempt:
new text end

new text begin (1) a fine of not less than $1,000 nor more than $10,000;
new text end

new text begin (2) confinement in jail for a term of not less than ten nor more than 30 days; or
new text end

new text begin (3) both a fine and confinement.
new text end

Sec. 6.

new text begin [617.96] ATTORNEY FEES.
new text end

new text begin In an action brought under sections 617.91 to 617.97, the court may award a
prevailing party reasonable attorney fees and costs.
new text end

Sec. 7.

new text begin [617.97] USE OF PLACE; EVIDENCE.
new text end

new text begin 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.
new text end