FINAL BILL REPORT

SHB 692

                                  C 141 L 88

BYHouse Committee on Judiciary (originally sponsored by Representatives Niemi, Locke, Jacobsen, Leonard, Sanders, P. King, May, Brough, L. Smith and Sprenkle)

Changing opium dens to houses where controlled substances are made or used in moral nuisance statute.

House Committe on Judiciary

Senate Committee on Law & Justice

SYNOPSIS AS ENACTED

BACKGROUND:

Moral nuisances include houses of prostitution, places where illegal gambling occurs, places where fighting, drunkenness or breaches of the peace occur, and "opium dens."

Prosecutors may proceed against a person who maintains a moral nuisance in two ways.  First, a prosecutor may file a civil lawsuit against the operator of a moral nuisance or against the owner of the property where the nuisance is maintained.  An owner or operator who has knowingly maintained a moral nuisance may be fined up to $25,000. Second, prosecutors may initiate abatement procedures against the owner or operator of a moral nuisance.  Abatement procedures allow for immediate shutdown of the alleged nuisance pending determination that a moral nuisance actually exists.  There is some question whether modern drug operations, e.g. "rockhouses," are covered by the term "opium dens" in the moral nuisance law.

SUMMARY:

Buildings where illegal narcotics are used or delivered are declared to be moral nuisances.

In addition, a separate new procedure is provided for abating drug-related nuisances.  Buildings used for the purpose of unlawfully selling or manufacturing illegal drugs are declared to be a nuisance if such activity has an adverse impact on the surrounding neighborhood.  Buildings determined to be a nuisance are to be placed in the custody of the court and remain closed for a period of one year unless released sooner by the court. 

When a complaint of a nuisance has been filed a court hearing must be granted within three days.  Procedures are set forth for a court to determine if a building is a nuisance and to issue an order of abatement.

Prior to a court hearing a temporary restraining order or preliminary injunction may be granted if the person seeking the order gives a bond or other security of not less than $1,000 to pay damages to a person wrongfully restrained.

An order of abatement may not be entered if the owner had no knowledge of the nuisance or has made reasonable efforts to abate the nuisance, has not been guilty of any contempt of court, and will prevent the building from being a nuisance for a period of one year.

An intentional or willful violation of an abatement order is punishable by a fine of not more than $10,000 and imprisonment for not more than one year, or both.

VOTES ON FINAL PASSAGE:

      House 92   0

      Senate    49     0 (Senate amended)

      House 94   0 (House concurred)

EFFECTIVE:June 9, 1988