AN ACT TO PROVIDE THAT INDIVIDUALS ENGAGED IN A PATTERN OF STREET GANG ACTIVITY ARE SUBJECT TO INJUNCTIONS AS NUISANCES PURSUANT TO CHAPTER 19 OF THE GENERAL STATUTES. Summarized in Daily Bulletin 4/6/11, 5/16/11, and 5/31/12. Enacted June 15, 2012. Effective October 1, 2012.
Summary date: Jun 18 2012 - View summary
Summary date: May 31 2012 - View summary
Senate committee substitute makes the following changes to 2nd edition.
Adds a provision to proposed Article 13B making an injunction preventing a defendant from engaging in criminal street gang activities expire after one year. Allows the order to be modified or vacated before the expiration date upon the motion of either party. Changes the act’s effective date to October 1, 2012 (was, October 1, 2011), and applies to offenses committed and abatement activities commenced on or after that date.
Summary date: May 16 2011 - View summary
House committee substitute makes the following changes to 1st edition. Amends proposed GS 14-45.42(b) to clarify that the statute does not apply if the owner or the person in legal possession of the real property being used for criminal street gang activity does not have actual knowledge that the property is being used for street gang activity, or if the owner is being coerced into allowing the property to be used for street gang activity (previously limited exception to actual knowledge). Amends GS 14-45.43(a) providing that a street gang that regularly engages (was, associates) in criminal street gang activities constitutes a public nuisance.
Summary date: Apr 6 2011 - View summary
Enacts new Article 13B, the North Carolina Street Gang Nuisance Abatement Act, to GS Chapter 14. Provides that any real property erected, established, maintained, owned, leased, or used by any criminal street gang to conduct criminal street gang activity, as defined, is a public nuisance, and may be abated according to Article 1 of GS Chapter 19. Clarifies that the statute does not apply to real property used for criminal street gang activity where the owner or person in possession has no actual knowledge that the property is being used for that purpose. Declares that a street gang, as defined, that regularly, defined as at least five times in a period less than 12 months, associates in criminal street gang activities, as defined, constitutes a public nuisance. Specifies that any person who regularly associates with others to engage in criminal street gang activity may be a defendant in a suit to abate the public nuisance. Authorizes the court to enter an order enjoining the defendant from engaging in criminal street gang activities and to enter other reasonable requirements to prevent the defendant or gang from engaging in future activities, after finding that a public nuisance exists. Repeals GS 14-50.24 (real property used by criminal street gangs declared a public nuisance; abatement). Applies to offenses committed and abatement actions commenced on or after October 1, 2011.