Real property: gang abatement.
Summary
Existing law provides that every building or place used for the purpose of specified unlawful transactions involving controlled substances is a nuisance that is subject to abatement, and authorizes the court to assess civil penalties against a defendant who has caused that nuisance. This bill would enacted the Gang Nuisance and Abatement Act, establishing a cause of action against the owner of property used by a criminal street gang as a congregating point. The bill would authorize a district attorney or city attorney to bring an abatement action against the property owner and would authorize the imposition of a fine not to exceed $1,000 for the first violation and a fine not to exceed $2,500 for a 2nd violation. Upon a 3rd or subsequent violation, the district attorney or city attorney would be authorized to file a petition with the court for the seizure and forfeiture of the property in question, in accordance with certain procedures. The proceeds from fines and property forfeiture would be split between local law enforcement and the district attorney's office for the purpose of funding gang prevention activities, as specified.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2009
Committee Review
Floor Vote
Governor
Introduced Feb 26, 2009
Last action Feb 2, 2010
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
6
Key actions
2
Committee
3
Apr 14, 2009
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 23, 2009
Committee
Referred to Com. on PUB. S.
lower
Feb 27, 2009
Lower · Passed
From printer. May be heard in committee March 29.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
BB
Bill Berryhill
RRepublican
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