Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 193-S.F.No. 950 
           An act relating to public safety; requiring tenants to 
          covenant not to allow any controlled substances on 
          rental property; allowing the closing of an alleged 
          disorderly house during pretrial release of owner; 
          lowering the threshold amount of seized controlled 
          substance necessary to warrant unlawful detainer 
          action; providing that certain weapons offenses and 
          controlled substance seizures and arrests may form the 
          basis for a nuisance action; amending Minnesota 
          Statutes 1990, sections 504.181, subdivision 1; 
          566.09; 609.33, by adding a subdivision; 609.5317, 
          subdivision 4; 617.80, subdivision 8; and 617.81, 
          subdivisions 2 and 3, and by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 504.181, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COVENANT NOT TO SELL DRUGS OR ALLOW DRUG 
SALES DRUGS.] In every lease or license of residential premises, 
whether in writing or parol, the lessee or licensee covenants 
that: 
    (1) the lessee or licensee will not unlawfully allow 
controlled substances in the those premises,; and 
    (2) the common area, and curtilage will not be used by the 
lessee or licensee or others acting under his or her control to 
manufacture, sell, give away, barter, deliver, exchange, 
distribute, or possess with intent to manufacture, sell, give 
away, barter, deliver, exchange, or distribute a controlled 
substance in violation of any criminal provision of chapter 152. 
    The covenant is not violated when a person other than the 
lessee or licensee possesses or allows controlled substances in 
the premises, common area, or curtilage, unless the lessee or 
licensee knew or had reason to know of that activity. 
    Sec. 2.  Minnesota Statutes 1990, section 566.09, is 
amended to read: 
    566.09 [JUDGMENT; FINE; EXECUTION.] 
    Subdivision 1.  [GENERAL.] If the court or jury finds for 
the plaintiff, the court shall immediately enter judgment that 
the plaintiff have restitution of the premises and tax the costs 
for the plaintiff.  The court shall issue execution in favor of 
the plaintiff for the costs and also immediately issue a writ of 
restitution.  Except in actions brought under section 566.02 as 
required by section 609.5317, subdivision 1, upon a showing by 
the defendant that immediate restitution of the premises would 
work a substantial hardship upon the defendant or the 
defendant's family, the court shall stay the writ of restitution 
for a reasonable period, not to exceed seven days.  If the court 
or jury finds for the defendant, the court shall enter judgment 
for the defendant, tax the costs against the plaintiff, and 
issue execution therefor. 
    Subd. 2.  [REAL PROPERTY; SEIZURES.] If the court enters 
judgment for the plaintiff in an action brought under section 
566.02 as required by section 609.5317, subdivision 1, the court 
may not stay issuance of the writ of restitution unless the 
court makes written findings specifying the extraordinary and 
exigent circumstances that warrant staying the writ for a 
reasonable period, not to exceed seven days. 
    Sec. 3.  Minnesota Statutes 1990, section 609.33, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PRETRIAL RELEASE.] When a person is charged 
under this section with owning or leasing a disorderly house, 
the court may require as a condition of pretrial release that 
the defendant bring an unlawful detainer action against a lessee 
who has violated the covenant not to allow drugs established by 
section 504.181. 
    Sec. 4.  Minnesota Statutes 1990, section 609.5317, 
subdivision 4, is amended to read: 
    Subd. 4.  [LIMITATIONS.] This section shall not apply if 
the retail value of the contraband or controlled substance is 
less than the amount specified in section 609.5311, subdivision 
3, paragraph (b) $100, but this section does not subject real 
property to forfeiture under section 609.5311 unless the retail 
value of the controlled substance is:  (1) $1,000 or more; or (2)
there have been two previous controlled substance seizures 
involving the same tenant. 
    Sec. 5.  Minnesota Statutes 1990, section 617.80, 
subdivision 8, is amended to read: 
    Subd. 8.  [INTERESTED PARTY.] "Interested party" for 
purposes of sections 617.80 to 617.87 means any known lessee, or 
tenant, or occupant of a building or affected portion of a 
building and any known agent of an owner, lessee, or tenant, or 
occupant. 
    Sec. 6.  Minnesota Statutes 1990, 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 upon proof 
of three or more misdemeanor convictions or two or more 
convictions, of which at least one is a gross misdemeanor or 
felony, within the previous two years for:  
    (1) acts of prostitution or prostitution-related offenses 
committed within the building; 
    (2) acts of gambling or gambling-related offenses committed 
within the building; 
    (3) keeping or permitting a disorderly house within the 
building; 
    (4) unlawful sale or possession of controlled substances 
committed within the building; 
    (5) unlicensed sales of alcoholic beverages committed 
within the building in violation of section 340A.401; or 
    (6) 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).; or 
    (7) unlawful use or possession of a firearm in violation of 
section 609.66, subdivision 1a, 609.67, or 624.713, committed 
within the building. 
    (b) A second or subsequent conviction under paragraph (a) 
may be used to prove the existence of a nuisance if the conduct 
on which the second or subsequent conviction is based occurred 
within two years following the first conviction, regardless of 
the date of the conviction for the second or subsequent offense. 
    Sec. 7.  Minnesota Statutes 1990, section 617.81, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [SEIZURES AND ARRESTS CONSTITUTING A 
NUISANCE.] For purposes of sections 617.80 to 617.87, a public 
nuisance exists upon proof of three qualifying events that 
occurred on different days within the previous two months.  For 
purposes of this section, "qualifying event" means a lawful 
seizure of controlled substances within the building or a lawful 
arrest within the building for the possession or sale of 
controlled substances within the building or on the building's 
curtilage. 
    Sec. 8.  Minnesota Statutes 1990, section 617.81, 
subdivision 3, is amended to read: 
    Subd. 3.  [NOTICE.] Notice of a conviction described in 
subdivision 2, or of a qualifying event described in subdivision 
2a, must be mailed by the court administrator to the owner of 
the building where the offense was committed and all other 
interested parties and must be filed with the county recorder's 
office.  This notice is considered sufficient to inform all 
interested parties that the building or a portion of it is being 
used for purposes constituting a public nuisance. 
    Presented to the governor May 23, 1991 
    Signed by the governor May 27, 1991, 10:20 p.m.