HOUSE BILL REPORT

SHB 692

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

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott and Wineberry.

House Staff:Paul Browne (786-7122)

AS PASSED HOUSE JANUARY 18, 1988

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 nuisance in two ways.  First, a prosecutor may proceed against the perpetrator of a moral nuisance or the property owner in a civil action if a person "with knowledge maintains a moral nuisance."  A person found guilty of this may be fined up to $25,000. Second, prosecutors may initiate abatement procedures against the perpetrator of a nuisance or the owner of the property where the nuisance is maintained.  This allows for immediate shutdown of the alleged nuisance pending determination that a moral nuisance actually exists.  Under the statute a person who maintains a moral nuisance, or the owner of the property who has actual or constructive notice of the maintenance of such nuisance, may be fined $300.

SUMMARY:

Buildings where illegal narcotics are used or delivered, commonly known as rockhouses, are moral nuisances.

EFFECT OF SENATE AMENDMENT(S):  The amendment creates a separate additional procedure 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. 

Upon filing a compliant of a nuisance, a court hearing must 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 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.

Existing law regarding the interception and recording of conversations involving illegal controlled substances is modified to recognize the sophistication of the illegal drug trade in the state.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Ruth Robinson, Seattle Law Department; Phillip Hoffman, Squire Park Community Council.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     With this legislation, law enforcement personnel will be able to more easily shut down rockhouses.

House Committee - Testimony Against: None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 92; Excused 6

Excused:   Representatives Allen, Bumgarner, King R, Schoon, Smith C, Todd