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CS/CS/HB 1443: Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity

GENERAL BILL by Community and Military Affairs Subcommittee ; Criminal Justice Subcommittee ; Frishe ; (CO-INTRODUCERS) Ahern

Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity; Authorizes local administrative board to declare place to be public nuisance if used on more than two occasions within 6-month period as site of storage of controlled substance with specified intent; authorizes administrative board to hear complaints regarding pain-management clinic declared public nuisance; prohibits county or municipality from declaring place or premises public nuisance unless county or municipality gives notice to owner of place or premises of intent to declare place or premises public nuisance & affords owner opportunity to abate nuisance; provides that order entered against person for public nuisance expires after 1 year or earlier if so stated unless order violated; requires that board conduct hearing to determine whether person violated administrative order; authorizes administrative board to seek injunctive relief against pain-management clinic declared public nuisance; authorizes board to extend term of order by up to 1 additional year & to impose penalty if board finds order violated; authorizes county or municipal ordinance to include fines for public nuisance activities outside specified period; authorizes local ordinance to provide for continuing jurisdiction over place or premises that are subject to extension of administrative order.

Effective Date: 7/1/2012
 Last Action: 3/9/2012 Senate - Died in Criminal Justice
Bill Text: PDF
Senate Committee References:
  1. Criminal Justice (CJ)
  2. Community Affairs (CA)
  3. Budget Subcommittee on Criminal and Civil Justice Appropriations (BJA)
  4. Budget (BC)

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  • Bill History

    Date Chamber Action
    1/9/2012 House • Filed
    1/10/2012 House • Introduced -HJ 144
    1/12/2012 House • Referred to Criminal Justice Subcommittee; Community and Military Affairs Subcommittee; Judiciary Committee -HJ 216
    1/23/2012 House • On Committee agenda-- Criminal Justice Subcommittee, 01/25/12, 11:00 am, 404 HOB
    1/25/2012 House • CS by Criminal Justice Subcommittee; YEAS 12 NAYS 0 -HJ 300
    1/26/2012 House • Pending review of CS under Rule 7.19(c)
    1/27/2012 House • Now in Community and Military Affairs Subcommittee -HJ 297
    • On Committee agenda-- Community and Military Affairs Subcommittee, 01/31/12, 9:00 am, Webster Hall
    • CS by Criminal Justice Subcommittee read 1st time -HJ 295
    1/31/2012 House • CS/CS by Community and Military Affairs Subcommittee; YEAS 14 NAYS 0 -HJ 324
    2/1/2012 House • Pending review of CS under Rule 7.19(c)
    • CS/CS by Community and Military Affairs Subcommittee read 1st time -HJ 317
    2/2/2012 House • Now in Judiciary Committee -HJ 452
    2/14/2012 House • On Committee agenda-- Judiciary Committee, 02/16/12, 11:30 am, 404 HOB
    2/16/2012 House • Favorable by- Judiciary Committee; YEAS 16 NAYS 0 -HJ 683
    • Placed on Calendar -HJ 683
    2/20/2012 House • Placed on Special Order Calendar, 02/22/12
    2/22/2012 House • Read 2nd time -HJ 718
    • Amendment(s) adopted (624289) -HJ 718
    • Placed on 3rd reading
    2/23/2012 House • Read 3rd time -HJ 765
    • CS passed as amended; YEAS 116 NAYS 0 -HJ 765
    2/24/2012 Senate • In Messages
    3/5/2012 Senate • Received -SJ 862
    • Referred to Criminal Justice; Community Affairs; Budget Subcommittee on Criminal and Civil Justice Appropriations; Budget -SJ 862
    3/9/2012 Senate • Died in Criminal Justice

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  • CS/CS/HB 1443, Engrossed 1 (Current Bill Version) Posted 2/22/2012 at 8:33 PM

    Bill Text:   PDF
    Analyses:   None

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1580 (c1) Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity Latvala Compare Last Action: 3/9/2012 S Died on Calendar
    Location: On 2nd Reading Calendar     		Track This Bill

    Floor Votes (1)

    Date Chamber Result
    2/23/2012 2:07 PM House 116 Yeas - 0 Nays

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    893.138 Local administrative action to abate drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity. Page 2 (pdf)

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  • CS/CS/HB 1443, Committee Substitute 2 Posted 2/1/2012 at 2:30 PM

    Bill Text:   PDF
    Analyses:   Judiciary Committee (Post-Meeting) 2/16/2012 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1580 (c1) Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity Latvala Compare Last Action: 3/9/2012 S Died on Calendar
    Location: On 2nd Reading Calendar     		Track This Bill

    Floor Amendments (2)

    Amendment Sponsor Filed Last Floor Action Format
    170795 - Amendment
    Remove line 71 and insert:     		Frishe 2/21/2012
    1:20 PM     		House: Superseded by Substitute
    2/22/2012     		PDF
    hierarchy 624289 - Substitute Amendment (170795)
    Remove lines 86-98 and insert:     		Frishe 2/21/2012
    4:59 PM     		House: Adopted
    2/22/2012     		PDF

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    893.138 Local administrative action to abate drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity. Page 2 (pdf)

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  • CS/HB 1443, Committee Substitute 1 Posted 1/26/2012 at 4:21 PM

    Bill Text:   PDF
    Analyses:   Community and Military Affairs Subcommittee (Post-Meeting) 2/1/2012 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1580 Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity Latvala Compare Last Action: 3/9/2012 S Died on Calendar
    Location: On 2nd Reading Calendar     		Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    713553 - Amendment
    Remove line 55 and insert:     		Frishe 1/30/2012
    5:43 PM     		Adopted without Objection
    1/31/2012     		PDF

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    893.138 Local administrative action to abate drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity. Page 2 (pdf)

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  • HB 1443, Original Filed Version Posted 1/9/2012 at 5:43 PM

    Bill Text:   PDF
    Analyses:   Criminal Justice Subcommittee (Post-Meeting) 1/26/2012 (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    S 1580 Local Administrative Action to Abate Public Nuisances and Criminal Gang Activity Latvala Compare Last Action: 3/9/2012 S Died on Calendar
    Location: On 2nd Reading Calendar     		Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    234869 - Strike All Amendment
    Remove everything after the enacting clause and insert:     		Frishe 1/24/2012
    6:39 PM     		Adopted without Objection
    1/25/2012     		PDF

    Citations - Statutes (1)

    Citation Catchline Location in Bill Location In Bill Help
    893.138 Local administrative action to abate drug-related, prostitution-related, or stolen-property-related public nuisances and criminal gang activity. Page 2 (pdf)

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