GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                    1

HOUSE BILL 433

Short Title:        Nuisance Abatement Changes.		(Public)
Sponsors:	Representatives Bordsen, Ingle, Faircloth, and McGuirt (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site.
Referred to:	Judiciary Subcommittee B.

March 24, 2011

A BILL TO BE ENTITLED

AN ACT to change the nuisance abatement laws.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 19-1(a) reads as rewritten:

"(a)       The erection, establishment, continuance, maintenance, use, ownership or leasing of any building or place for the purpose wherein or whereon occur repeated acts of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this Chapter, shall constitute a nuisance."

SECTION 2.  G.S. 19-1.1 is amended by adding a new subdivision to read:

"(8a) The term 'repeated acts,' as used in this Chapter, means more than one occurrence of assignation, prostitution, gambling, illegal possession or sale of alcoholic beverages, illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or illegal possession or sale of obscene or lewd matter, as defined in this Chapter, at any building or place during a one year period."

SECTION 2.  G.S. 19-1.2(6) reads as rewritten:

"(6)      Every place which, as a regular course of business, is used for the purposes wherein or whereon repeated acts of lewdness, assignation, gambling, the illegal possession or sale of alcoholic beverages, the illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or prostitution, and every such place in or upon which acts of lewdness, assignation, gambling, the illegal possession or sale of alcoholic beverages, the illegal possession or sale of controlled substances as defined in the North Carolina Controlled Substances Act, or prostitution, are held or occur."

SECTION 3.  This act becomes effective August 1, 2011, and applies to offenses committed or nuisances occurring on or after that date.