ABATE NUISANCES/DRUG SALES FROM STORES.

View NCGA Bill Details2013-2014 Session
Senate Bill 264 (Public) Filed Tuesday, March 12, 2013
A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE NUISANCE LAWS TO CLOSE DOWN BUSINESSES THAT REPEATEDLY SELL CONTROLLED SUBSTANCES.
Intro. by Brown.

Status: Ch. SL 2013-229 (Senate Action) (Jul 3 2013)

SOG comments (1):

Long title change.

Senate amendment changes the long title.  The original long title is as follows:

A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE NUISANCE LAWS TO CLOSE DOWN BUSINESSES THAT REPEATEDLY SELL CONTROLLED SUBSTANCES AND TO AMEND THE CRIMINAL LAWS TO PREVENT THE USE OF A BUSINESS FRONT TO SELL CONTROLLED SUBSTANCES.

 

Bill History:

S 264/S.L. 2013-229

Bill Summaries:

  • Summary date: Jul 8 2013 - More information

    AN ACT TO STRENGTHEN THE NUISANCE LAWS TO CLOSE DOWN BUSINESSES THAT REPEATEDLY SELL CONTROLLED SUBSTANCES. Enacted July 3, 2013. Effective July 3, 2013.


  • Summary date: Jun 18 2013 - More information

    House amendment #1 makes the following changes to the 2nd edition.

    Amends GS 19-1, providing that if any actions constituting a nuisance under this section are allegedly being performed by a tenant of the property, then law enforcement must notify the owner that the nuisance activity is allegedly occurring on the property of the owner. If the owner cooperates with law enforcement in regards to the abatement of the nuisance activity, notwithstanding GS 19-1.5 or any other applicable law, no civil action can be brought against the owner of the property.

    House amendment #2 makes the following changes.

    Changes the long title.

    Deletes all the changes and additions made to GS 15A-533, Right to pretrial release in capital and noncapital cases.

    Amends the enactment clause, providing that the act is effective when it becomes law and applies to nuisance actions filed on or after that date.

     


  • Summary date: May 7 2013 - More information

    Senate committee substitute makes the following changes to the 1st amendment.

    Deletes changes to GS 90-112, which authorized forfeiture of real property in drug cases. Deletes proposed new GS 15A-534.7, whichprovides for determining bond and other conditions of release for a defendant who owns or has operational control of a place of business at which the controlled substance that is the basis for the charge against the defendant was located.

    Amends GS 15A-533 to create a rebuttable presumption that no condition of pretrial release will reasonably assure the person's appearance and the community's safety if the person is charged with manufacturing, selling, or delivering or possession with intent to manufacture, sell, or deliver a controlled substance, and a judicial official finds that (1) the personowns or has operational control of aplace of business, (2) the controlled substance that is the basis for the charge was located at the place of business, and (3) either of the following: the person is out on pretrial release for a prior charge under GS 90-95(a)(1) or has a prior conviction for a violation of GS 90-95(a)(1) and the controlled substance that was the basis for the prior charge/conviction was located at the place of business. Provides that persons considered for bond under the provisions of subsections (d), (e), and (f) of this section may only be released by a district or superior court judge under specified criteria. Defines a place of business as any location where the public may purchase, lease, or utilize goods, services, or other thing of value. Effective December 1, 2013, and applies to offenses committed on or after that date.


  • Summary date: Mar 12 2013 - More information

    Amends GS 19-1 to provide that an activity sought to be abated may be considered a nuisance under GS Chapter 19 even though that activity is not the sole purpose of the building or place where the activity occurs. Prohibits bringing a nuisance action under Article 1 (Abatement of Nuisance) of GS Chapter 19 against a place or business regulated under GS Chapter 18B (Regulation of Alcoholic Beverages), when the basis for the action is a violation under GS Chapter 18B pertaining to the possession or sale of alcoholic beverages. Effective when the act becomes law and applies to nuisance actions filed on or after that date.

    The following provisions are effective December 1, 2013, and apply to offenses committed on or after that date.

    Amends GS 90-112, adding new subdivision (1a),toprovide thatreal property, including things growing on, affixed to, and found in land, used or intended to be used in violationof GS Chapter 90,is subject to forfeiture. Directs a court to order that a person convicted of a felony violation of GS Chapter 90,forfeit all property used or intended to be used to commit or facilitate the violation of the Controlled Substances Act. Provides listed exceptions when real propertyis not subject to forfeiture.

    Adds a new subsection (d2) to GS 90-112, providing that regardless of other provisions regarding the forfeiture of property, there are specific procedures that apply to the forfeiture of real property under new subdivision (1a) of GS 90-112(a). Delineates the specifications of the following procedures:(1) third -party transfer, (2) protective orders, (3) execution,(4) disposition of property, (5) actionsthat the state Attorney General is authorized to take, (6) applicability of civil forfeiture provisions, (7) prohibition on intervention except as specified in this statute, and (8) third-party interests; petitions and hearing. Declares that the provisions of this subsection are to be liberally construed to effectuate its remedial purposes.

    Enacts GS 15A-534.7to providecriteria fordetermining bond and other conditions of releasein cases arising under the Controlled Substances Act when the defendant owns or controls a business where the controlled substance that is the basis for the charge was located.Defines a place of business for purposes of this section.


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