Assigned to JUD FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Phoenix, Arizona

REVISED

FACT SHEET FOR S.B. 1198

criminal nuisance; unlawful substances.

Purpose

Establishes two new categories of criminal nuisance as class 5 felonies.

Background

Raves, or all-night dance parties, originated in the 1980s. Raves are often held at dance clubs, vacant buildings, private homes or outdoors. Promoting raves has become a business for many individuals, and some promoters appeal to young people by advertising nonalcoholic parties on the internet. In recent years, both state and federal law enforcement agencies have suspected that some rave promoters are also encouraging the sale and use of “club drugs” such as ecstasy, LSD and methamphetamine at raves.

In 2001, a joint study between the Arizona Criminal Justice Commission and the U.S. Department of Justice, Drug Enforcement Administration, Phoenix Division was conducted on the use of ecstasy and other club drugs in Arizona. As a component of the study, state, tribal and federal law enforcement agents were surveyed about the use of club drugs and the effectiveness of current laws dealing with club drugs. Eighty percent of surveyed law enforcement agents stated that there was a problem with club drugs in their jurisdictions, and 78 percent stated current laws dealing with club drugs are not effective.

S.B. 1198 provides an additional method for prosecuting people who knowingly allow the use or distribution of illicit drugs at public gatherings such as raves.

Any potential fiscal impact to the state general fund is undetermined at this time, although the addition of a class 5 felony may increase the number of people incarcerated by the Arizona Department of Corrections.

Provisions

1. Creates a felony level of criminal nuisance for knowingly maintaining or using a property where persons under age 21 gather for the purpose of selling, making, using or distributing illicit drugs.

2. Stipulates that the owner of or person responsible for a property is committing felony criminal nuisance if the person has been notified at least three times of unlawful, drug related activities occurring on the property and fails to take action.

3. Classifies felony criminal nuisance as a class 5 felony.

4. Makes technical and conforming changes.

5. Provides for a general effective date.

Amendments Adopted by Committee

1. States that in order to be found guilty of felony criminal nuisance, a person responsible for a property must fail to take action to stop illegal activity.

2. States that a person responsible for a property who evades notice of controlled substance violations is considered to have notice.

Senate Action

JUD 2/5/02 DPA 5-0-3-0

Prepared by Senate Staff

February 8, 2002