Bill Summary for H 673 (2011-2012)

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Summary date: 

Apr 6 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 673 (Public) Filed Wednesday, April 6, 2011
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.
Intro. by Faircloth.

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Bill 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.