HB2428 - 452R - House Bill Summary

House of Representatives

HB 2428

criminal nuisance; unlawful substances

Sponsors: Representatives Poelstra, Pierce, Cannell, Voss et al.

X	Committee on Judiciary
	Caucus and COW
	Third Read
	As Passed the House

HB 2428 makes it unlawful to knowingly use or maintain any premises where persons under the age of 21 years gather for the purpose of unlawful drug use.

History

Under current law, a person creates a criminal nuisance by recklessly creating or maintaining a condition that endangers the safety or health of others or by knowingly maintaining any premises where persons gather for the purpose of engaging in unlawful conduct. This is a Class 3 misdemeanor (up to 30 days jail/up to $500 fine).

Provisions

· Stipulates that a person is guilty of a Class 5 felony (1.5 years jail/$150,000 fine) if the person commits criminal nuisance involving knowingly using or maintaining any premises where persons under the age of 21 years gather for the purpose of unlawful drug use or that is used by individuals under 21 years of age for possessing, manufacturing, selling or transferring any illegal drug.

· Stipulates that the party responsible for the property is deemed to know of the nuisance if the party has received governmental notice of at least three documented reports of criminal offenses involving a controlled substance on the property.

· Makes technical and conforming changes.

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· 45th Legislature