Bill Text: CA AB891 | 2009-2010 | Regular Session | Introduced

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Bill Title: Real property: gang abatement.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB891 Detail]

Download: California-2009-AB891-Introduced.html

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BILL NUMBER: AB 891	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 26, 2009

   An act to add Article 2.5 (commencing with Section 11250) to
Chapter 3 of Title 1 of Part 4 of the Penal Code, relating to gang
abatement.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 891, as introduced, Bill Berryhill. Real property: gang
abatement.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 2.5 (commencing with Section 11250) is added to
Chapter 3 of Title 1 of Part 4 of the Penal Code, to read:

      Article 2.5.  GANG NUISANCE AND ABATEMENT ACT


   11250.  This article shall be known and may be cited as the Gang
Nuisance and Abatement Act.
   11251.  (a) Every building or place used as a congregating point
for criminal street gang activity is a nuisance that shall be
enjoined, abated, and prevented in accordance with the procedures in
this section.
   (b) If there is reason to believe that a nuisance pursuant to
subdivision (a) is being maintained in any county, the district
attorney, in the name of the people of the State of California, or
the city attorney of an incorporated city or any city and county may
bring an action against the owner of the property where the criminal
street gang activity has occurred or is occurring to abate and
prevent the nuisance.
   (c) Any person who is found to have maintained a nuisance in
violation of this section shall be subject to the following civil
penalties:
   (1) For the first violation, a fine not to exceed one thousand
dollars ($1,000).
   (2) For the second violation, a fine not to exceed two thousand
five hundred dollars ($2,500).
   (3) Upon a third or subsequent violation, the district attorney or
city attorney may file a petition with the court for seizure and
forfeiture of the real property that is the subject of the nuisance
action. Except as specified in this section, forfeiture proceedings
shall be conducted in conformity with the procedures set forth in
Chapter 8 (commencing with Section 11469) of Division 10 of the
Health and Safety Code.
   (d) Property that is determined to be subject to forfeiture
pursuant to paragraph (3) of subdivision (c) shall be sold at fair
market value. The proceeds of the civil penalties and property
forfeited pursuant to this section shall be distributed as follows:
   (1) One-half shall be paid to the local law enforcement of the
jurisdiction in which the property is located for the purpose of
funding gang prevention activities.
   (2) One-half shall be paid to the local district attorney's office
of the jurisdiction in which the property is located for the purpose
of funding gang prevention activities.
   (e) For purposes of this section, "criminal street gang" has the
same meaning as set forth in Section 186.22 of the Penal Code.