1st Engrossment - 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 separate incidents or occurrences 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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"Place" means a structure suitable for human shelter, a commercial
structure that is maintained for business activities, a portion of the structure, or the land
surrounding the structure that is under the control of the person who owns or is responsible
for maintaining the structure. If the place is a multiunit dwelling, a hotel or motel, or a
commercial or office building, "place" means only the portion of the place in which a
public nuisance is maintained or permitted, such as a dwelling unit, room, suite of rooms,
office, common area, storage area, garage, parking area, or the land surrounding the place.
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A criminal gang that continuously or regularly
engages in gang activities is a public nuisance.
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The continuous or regular use of a place by a criminal gang
for engaging in gang activity that is knowingly permitted by the person who owns or is
responsible for maintaining the place is a public nuisance.
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(a) A county or city attorney or the attorney general may
sue to enjoin a public nuisance under sections 617.91 to 617.97.
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(b) A person who continuously or regularly engages in gang activity as a member of
a criminal gang may be made a defendant in a suit.
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(c) A person who owns or is responsible for maintaining a place that is continuously
or regularly used for engaging in gang activity may be made a defendant in a suit 60 or
more days after service of the notice described in subdivision 2.
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The notice required under subdivision 1, paragraph (c), must be in
writing and served personally or by certified mail, return receipt requested. The notice
must:
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(1) state that a nuisance as defined in section 617.92 is occurring in the place and
specify the kind of nuisance;
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(2) summarize the evidence indicating that a nuisance is occurring, including the
dates on which nuisance-related activities are alleged to have occurred;
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(3) inform the recipient that failure to abate the conduct constituting the nuisance or
to otherwise resolve the matter within 60 days of service of the notice may result in the
filing of a complaint for relief in district court that could, among other remedies, result in
the imposition of reasonable requirements to prevent the use of the place for gang activity,
or, in the case of a tenant, cancellation of a lease; and
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(4) inform the owner of the option of cancelling a lease by bringing a motion under
subdivision 3.
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After service of the notice under subdivision
2, an owner may bring a motion to cancel a lease in accordance with the provisions of
section 617.85.
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(a) If the court finds, by a preponderance of the evidence, 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 defendant from engaging
in future gang activities.
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(b) "Reasonable requirement" as specified in paragraph (a), clause (2), means an
injunctive limitation on gang behavior and social interaction that reduces the opportunity
for gang activity, consistent with the constitutional rights of the defendant.
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(c) If the court finds, by a preponderance of the evidence, that a place is continuously
or regularly 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. This
may include cancellation of any applicable lease pursuant to the procedures in section
617.85 that may involve any tenant or lessee who has maintained or conducted the public
nuisance, or other reasonable requirements established in the order.
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A person who violates a temporary or
permanent injunctive order issued under section 617.94 is subject to a fine for civil
contempt of not less than $1,000 nor more than $10,000.
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A person who knowingly violates a temporary or
permanent injunctive order issued under section 617.94 is guilty of a misdemeanor.
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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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(a) In an action brought under sections 617.91 to 617.97, proof that gang activity by
a member of a criminal gang is continuously or regularly committed at a place or proof
that a place is continuously or regularly 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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(b) Paragraph (a) does not apply if the person who owns or is responsible for
maintaining the place provides credible evidence that the person has made reasonable
efforts to prevent the occurrence of the gang activity, which may include cancellation of
or an attempt to cancel the lease.
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