Connecticut 2015 Regular Session

Connecticut House Bill HB06948 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		General Assembly Raised Bill No. 6948
2	2		January Session, 2015 LCO No. 4288
3		-	_____~~HB06948PD_JUD032315~~____
	3	+	04288_______PD_
4	4		Referred to Committee on PLANNING AND DEVELOPMENT
5	5		Introduced by:
6	6		(PD)
7	7
8	8		General Assembly
9	9
10	10		Raised Bill No. 6948
11	11
12	12		January Session, 2015
13	13
14	14		LCO No. 4288
15	15
16		-	_____~~HB06948PD_JUD032315~~____
	16	+	04288_______PD_
17	17
18	18		Referred to Committee on PLANNING AND DEVELOPMENT
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20	20		Introduced by:
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22	22		(PD)
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24	24		AN ACT CONCERNING NUISANCE ABATEMENT.
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26	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28		Section 1. Section 19a-343 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
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30	30		(a) For the purposes of sections 19a-343 to 19a-343h, inclusive, a person creates or maintains a public nuisance if such person erects, establishes, maintains, uses, owns or leases any real property or portion thereof for (1) any of the purposes enumerated in subdivisions (1) to (6), inclusive, of subsection (c) of this section, or (2) on which any of the offenses enumerated in subdivisions (1) to (14), inclusive, of subsection (c) of this section have occurred.
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32	32		(b) The state has the exclusive right to bring an action to abate a public nuisance under this section and sections 19a-343a to 19a-343h, inclusive, involving any real property or portion thereof, commercial or residential, including single or multifamily dwellings, provided there have been three or more arrests, the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents or the issuance of three or more citations for a violation of a municipal ordinance as described in subdivision (14) of subsection (c) of this section, for conduct on the property documented by a law enforcement officer for any of the offenses enumerated in subdivisions (1) to (14), inclusive, of subsection (c) of this section within the three hundred sixty-five days preceding commencement of the action.
33	33
34	34		(c) Three or more arrests, the issuance of three or more arrest warrants indicating a pattern of criminal activity and not isolated incidents or the issuance of three or more citations for a violation of a municipal ordinance as described in subdivision (14) of this subsection, for the following offenses shall constitute the basis for bringing an action to abate a public nuisance:
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36	36		(1) Prostitution under section 53a-82, 53a-83, 53a-86, 53a-87, 53a-88 or 53a-89.
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38	38		(2) Promoting an obscene performance or obscene material under section 53a-196 or 53a-196b, employing a minor in an obscene performance under section 53a-196a, importing child pornography under section 53a-196c, possessing child pornography in the first degree under section 53a-196d, possessing child pornography in the second degree under section 53a-196e or possessing child pornography in the third degree under section 53a-196f.
39	39
40	40		(3) Transmission of gambling information under section 53-278b or 53-278d or maintaining of a gambling premises under section 53-278e.
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42	42		(4) Offenses for the sale of controlled substances, possession of controlled substances with intent to sell, or maintaining a drug factory under section 21a-277, 21a-278 or 21a-278a or use of the property by persons possessing controlled substances under section 21a-279. Nothing in this section shall prevent the state from also proceeding against property under section 21a-259 or 54-36h.
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44	44		(5) Unauthorized sale of alcoholic liquor under section 30-74, [or] disposing of liquor without a permit under section 30-77, the sale or delivery of alcoholic liquor to a minor under subdivision (1) of subsection (b) of section 30-86, or the sale, shipment, delivery or giving of alcoholic liquor to a minor under subdivision (2) of subsection (b) of section 30-86.
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46	46		(6) Maintaining a motor vehicle chop shop under section 14-149a.
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48	48		(7) Inciting injury to persons or property under section 53a-179a.
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50	50		(8) Murder or manslaughter under section 53a-54a, 53a-54b, 53a-55, 53a-56 or 53a-56a.
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52	52		(9) Assault under section 53a-59, 53a-59a, subdivision (1) of subsection (a) of section 53a-60 or section 53a-60a or 53a-61.
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54	54		(10) Sexual assault under section 53a-70 or 53a-70a.
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56	56		(11) Fire safety violations under section 29-292, subsection (b) of section 29-310, or section 29-315, 29-320, 29-329, 29-337, 29-349 or 29-357.
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58	58		(12) Firearm offenses under section 29-35, 53-202aa, 53-203, 53a-211, 53a-212, 53a-216, 53a-217 or 53a-217c.
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60	60		(13) Illegal manufacture, sale, possession or dispensing of a drug under subdivision (2) of section 21a-108.
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62	62		(14) Violation of a municipal ordinance resulting in the issuance of a citation for (A) excessive noise on nonresidential real property that significantly impacts the surrounding area, provided the municipality's excessive noise ordinance is based on an objective standard, (B) owning or leasing a dwelling unit that provides residence to an excessive number of unrelated persons resulting in dangerous or unsanitary conditions that significantly impact the safety of the surrounding area, or (C) impermissible operation of (i) a business that permits persons who are not licensed pursuant to section 20-206b to engage in the practice of massage therapy, or (ii) a massage parlor, as defined by the applicable municipal ordinance, that significantly impacts the safety of the surrounding area.
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67	67		This act shall take effect as follows and shall amend the following sections:
68	68		Section 1 October 1, 2015 19a-343
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70	70		This act shall take effect as follows and shall amend the following sections:
71	71
72	72		Section 1
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74	74		October 1, 2015
75	75
76	76		19a-343
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	78	+	Statement of Purpose:
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	80	+	To expand the state's ability to take action against a person who creates a public nuisance by selling, delivering, shipping or giving alcoholic liquor to a minor.
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80		-	PD Joint Favorable C/R JUD
81		-
82		-	PD
83		-
84		-	Joint Favorable C/R
85		-
86		-	JUD
	82	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]