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Tuesday, March 06, 2007

Minnesota House File 49 Nuisance Law

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posted by Bob at Tuesday, March 06, 2007

5 Comments:

Blogger Bob said...

File Number: H.F. 49
Date: February 21, 2007
Version: As Introduced
Status: Public Safety and Civil Justice Committee
Authors: Lesch
Subject: Public nuisance/criminal gang activity
Analyst: Matt Gehring, 651-296-5052
This publication can be made available in alternative formats upon request. Please call 651-296-6753
(voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Summaries are
also available on our website at: www.house.mn/hrd/hrd.htm.
Overview
This bill classifies certain gang activities and the habitual use of particular
places for gang activity as a public nuisance. A county or city attorney, the
attorney general, or any Minnesota resident may file a suit to stop the nuisancecreating
activity or accommodation of the activity. A court may additionally
order reasonable requirements to prevent future gang activities. Penalties for
violation of a court order are punishable by a fine, jail time, or both.
Legislature Home | Links to the World | Help | Advanced Search
House | Senate | Joint Departments and Commissions | Bill Search and Status | Statutes, Laws, and Rules
Section
1 Definitions.
2 Public Nuisance Activities. Classifies as a public nuisance a criminal gang that engages in
gang activity at least five times over the course of a 12-month period, and the habitual use
of a particular place by a criminal gang for the purpose of engaging in gang activity.
3 Lawsuit for Abatement. Permits a county or city attorney, the attorney general, or any
Minnesota resident to seek an injunction against the continued nuisance activity. The suit
may be brought against the gang members, and against any person who owns or is
responsible for maintaining a particular place that is habitually used for gang activities.
4 Court Orders. A court may issue a temporary or permanent injunction preventing the
particular defendants from engaging in the gang activity, and imposing other reasonable
requirements to prevent the entire gang from engaging in future gang activities, so long as
the requirements do not violate the First Amendment right of association. The court may
also order reasonable requirements against a particular place, if the court finds that it is
habitually used to create a public nuisance.
5 Penalty for Violation. An individual violating a court order issued under section 4 of the
House Research Bill Summary Page 1 of 2
http://ww3.house.leg.state.mn.us/hrd/bs/85/HF0049.html 3/6/2007
bill is subject to a fine (ranging between $1,000 and $10,000), jail time (ranging between 10
and 30 days), or both.
6 Attorney's Fees. Permits the court to award attorney's fees to a prevailing party for suits
brought under section 3 of the bill.
7 Evidence. Proof that criminal gang activity frequently occurs at a particular place creates a
presumption that the owner or person responsible for maintaining the particular place
knowingly allowed the activity to occur.
House Research Bill Summary Page 2 of 2
http://ww3.house.leg.state.mn.us/hrd/bs/85/HF0049.html

6:43 PM  
Anonymous Anonymous said...

I am sorry but I just have to say this.....

YOU LAW MAKERS ARE A BUNCH OF DUMB FUCKERS!!!!

Prosecute criminals, not buildings and innocent people..

I need to move out of this communist state. The depiction of Minnesotans on the Golden Girls is true!!!!!!!!!

Signed,

Montana bound.

6:59 PM  
Anonymous Anonymous said...

I agree with Montana bound!! I already pack my bags and left.

7:39 PM  
Anonymous Anonymous said...

My wife and I have been talking for 2 years about leaving this state. We don't need a government "nanny" and when I retire next year, chances are we are going to be out of here so quick, all you'll see is a puff of dust.

10:36 PM  
Anonymous Anonymous said...

Whooopee three fewer douchebags in Minnesota - Take that Helena

5:54 AM  

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