Expands authority of nuisance abatement unit in the department of attorney general to all nuisances under penal code, not just drug nuisances. Expands nuisance abatement law under penal code, to include gambling and all drug offenses, not just prostitution, obscenity, and drug offenses involving the manufacture and distribution of drugs. Allows a private citizen to join damage claims with a nuisance abatement action brought by the person. Defines "nuisance per se". Requires nuisance abatement unit to bring suit within 60 days after a building, premises, or place has become a nuisance per se if no action has been brought by the prosecuting attorney or a private citizen. Allows court to issue a writ of possession after determining the existence of a nuisance. Appropriates funds from the criminal forfeiture fund for operation of the nuisance abatement unit.

A BILL FOR AN ACT

SECTION 1. Section 28-131, Hawaii Revised Statutes, is amended to read as follows:

"[[]PART IX.[] DRUG] NUISANCE ABATEMENT UNIT

[[]§28-131[] Drug nuisance] Nuisance abatement unit. (a) There is established in the department of the attorney general a [drug] nuisance abatement unit.

(b) The unit shall employ such attorneys, auditors, investigators, and other personnel as necessary to promote the effective and efficient conduct of the unit's activities. Except for the attorneys, all other employees of the [drug] nuisance abatement unit shall be subject to chapter 76.

(c) The purpose of the [drug] nuisance abatement unit shall be to provide for the effective enforcement and prosecution of [those] violations of the [drug] nuisance abatement laws under chapter 712[, part V but only for offenses related to drugs and intoxicating compounds as provided under chapter 712, part IV]. The [drug] nuisance [[]abatement[]] unit may also review and take appropriate action on [drug] nuisance complaints of any citizen of the State[,] or [drug] nuisances that are discovered by the unit in carrying out its activities."

SECTION 2. Section 712-1270, Hawaii Revised Statutes, is amended to read as follows:

"[[]PART V.[]] NUISANCE ABATEMENT

§712-1270 Places used to commit offenses against public health and morals, a nuisance. Every building, premises, or place used for the purpose of violating [those] laws pertaining to offenses against public health and morals contained in [parts I, II, and IV of] this chapter[, except offenses under part IV which do not involve the manufacture or distribution of drugs,] and every building, premises, or place in or upon which the violations are held or occur [in parts I, II, and IV], is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."

SECTION 3. Section 712-1270.3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§712-1270.3[]] Citizen's rights. Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing [drug] offenses under [part IV of] this chapter or who files a complaint with the local police or [drug] nuisance abatement unit of the department of the attorney general shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D."

SECTION 4. Section 712-1270.5, Hawaii Revised Statutes, is amended to read as follows:

"§712-1270.5 [Injunctions against persons.] Remedies not exclusive. (a) Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists.

(b) Nothing in this part shall be construed to prohibit a private person from bringing any other action under statutory or common law to abate or collect damages for a nuisance declared under this part, and such action may be joined with an action brought under this part by that person."

SECTION 5. Section 712-1271, Hawaii Revised Statutes, is amended to read as follows:

"§712-1271 Suit to abate. (1) Whenever there is reason to believe that a nuisance as defined in this chapter is in existence, kept, or maintained in any county, the attorney general of the State or the prosecutor or prosecuting attorney of the respective counties shall, or any citizen of the State residing within such county [may], in the citizen's own name, or any organization, including, but not limited to a tenant organization within such county [may], in the organization's own name, may maintain a suit to abate and prevent the nuisance and to perpetually enjoin the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, or the owner, lessee, or agent of the building, premises, or place in or upon which the nuisance exists from directly or indirectly causing, maintaining, aiding, abetting, or permitting the nuisance.

(2) If the prosecutor or prosecuting attorney of the respective county or a citizen has not brought suit under subsection (1) within thirty days after a building, premises, or place has become a nuisance per se pursuant to section 712-1271.5, the nuisance abatement unit of the department of the attorney general shall bring suit under this section within sixty days after the building, premises, or place became a nuisance per se. It shall not be a defense to a suit brought pursuant to this section that the action was brought more than sixty days after the building, premises, or place became a nuisance per se.

[(2)] (3) No action authorized under this part [which] that seeks to abate or prevent a nuisance shall be filed or maintained against the State or any political subdivision thereof."

SECTION 6. Section 712-1271.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§712-1271.5[] Standard] Nuisance per se; standard of proof. (1) Every building, premises, or place to which the following apply is declared a nuisance per se:

(2) The existence of the following conditions shall not be necessary for the building, premises, or place to become a nuisance per se under subsection (1).

(3) The absence of facts necessary to prove that a building, premises, or place is a nuisance per se under subsection (1) shall not prohibit a finding that the building, premises, or place is a nuisance under this part or under any other statutory or common law.

(4) Except as may be otherwise expressly provided, the civil causes of action in this part shall be proved by a preponderance of the evidence."

SECTION 7. Section 712-1272, Hawaii Revised Statutes, is amended to read as follows:

"§712-1272 Temporary [writ.] and permanent writs. (1) Whenever the existence of a nuisance is shown in a suit brought under this part to the satisfaction of the court or the judge thereof, either by verified petition or affidavit, or both, the court or judge thereof shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance, which injunction may include a provision prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The petition in such suit need not be verified, except in those suits brought by a citizen in the citizen's own name, or those suits brought by an organization in its own name, but shall be signed by the party bringing the same and shall include a certification that the complainant believes the allegations of the petition to be true.

(2) Whenever a court determines after trial that a building, premises, or place occupied by a person or business other than the owner is a nuisance under this part, the court, without regard to chapter 521, may issue a writ of possession or otherwise permanently terminate the occupancy of the building, premises, or place by the person or business."

SECTION 8. Section 712-1279, Hawaii Revised Statutes, is amended to read as follows:

"§712-1279 [Termination] Evidence of termination of lease. The notice by the owner of any business, premises, or place to the lessee that the lease will be revoked if the lessee continues the maintenance of the nuisance, and other action taken to revoke the lease or to obtain the termination of the nuisance shall be given appropriate consideration by the court in the determination of a criminal contempt action brought against the owner in connection with abatement procedures of this part."

SECTION 9. Section 712-1280, Hawaii Revised Statutes, is amended to read as follows:

"§712-1280 [Place.] Definitions. As used in this part:

"Business" means a corporation, partnership, or sole proprietorship.

"Place" [as used in this part] means any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.

"Premises" means the portion of a place occupied by a resident or business through ownership, lease, rental, or other conveyance, but does not include common areas shared by the resident or business with other parties.

"Principal" means an officer, director, shareholder, partner, or sole proprietor of a business."

SECTION 10. Section 712A-16, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

"(4) There is established in the department of the attorney general a revolving fund to be known as the criminal forfeiture fund, hereinafter referred to as the "fund" in which shall be deposited one-half of the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6). All moneys in the fund shall be expended by the attorney general and are hereby appropriated for the following purposes:

SECTION 11. There is appropriated out of the criminal forfeiture fund the sum of $        , or so much thereof as may be necessary for fiscal year 2006-2007, for operation of the nuisance abatement unit within the department of the attorney general. The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect on July 1, 2006.