Bill Summary for S 264 (2013-2014)

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Summary date: 

Mar 12 2013

Bill Information:

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.

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Bill summary

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.