HOUSE BILL REPORT

HB 692

BYRepresentatives 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 REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 27, 1987

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:

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

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill amends the definition of "knowledge" in moral nuisance laws to include knowledge of manufacture, deliver, or possession of illegal narcotics.

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.