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.
STREET GANG NUISANCE ABATEMENT.
Printer-friendly: Click to view
View NCGA Bill Details | 2011-2012 Session |
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.
Bill History:
-
Tue, 5 Apr 2011 House: Filed
-
Thu, 7 Apr 2011 House: Passed 1st Reading
-
Thu, 7 Apr 2011 House: Ref To Com On Judiciary Subcommittee A
-
Mon, 16 May 2011 House: Reptd Fav Com Substitute
-
Mon, 16 May 2011 House: Cal Pursuant Rule 36(b)
-
Mon, 16 May 2011 House: Placed On Cal For 5/17/2011
-
Tue, 17 May 2011 House: Passed 2nd Reading
-
Wed, 18 May 2011 House: Passed 3rd Reading
-
Thu, 19 May 2011 Senate: Rec From House
-
Thu, 19 May 2011 Senate: Passed 1st Reading
-
Thu, 19 May 2011 Senate: Ref To Com On Judiciary II
-
Thu, 31 May 2012 Senate: Reptd Fav Com Substitute
-
Thu, 31 May 2012 Senate: Com Substitute Adopted
-
Mon, 4 Jun 2012 Senate: Passed 2nd & 3rd Reading
-
Tue, 5 Jun 2012 House: Rec From Senate
-
Wed, 6 Jun 2012 House: Rec To Concur S Com Sub
-
Wed, 6 Jun 2012 House: Cal Pursuant Rule 36(b)
-
Wed, 6 Jun 2012 House: Placed On Cal For 6/6/2012
-
Wed, 6 Jun 2012 House: Concurred In S/Com Sub
-
Thu, 7 Jun 2012 Ratified
-
Fri, 8 Jun 2012 Pres. To Gov. 6/8/2012
-
Fri, 15 Jun 2012 Signed By Gov. 6/15/2012
-
Fri, 15 Jun 2012 Ch. SL 2012-28
Bill Summaries:
-
Summary date: Jun 18 2012 - View Summary
-
Bill H 673 (2011-2012)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.
-
Bill H 673 (2011-2012)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.
-
Bill H 673 (2011-2012)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.