Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 741 of the Regular Session
 1   State of Arkansas
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1672
 4
 5   By: Representative Pearce
 6   By: Senator J. Petty
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 8                                     For An Act To Be Entitled
 9                   AN ACT TO AMEND THE LAW CONCERNING THE CIVIL ACTION
10                   TO ELIMINATE THE AVAILABILITY OF PREMISES USED
11                   CONTINUALLY IN CRIMINAL OFFENSES; AND FOR OTHER
12                   PURPOSES.
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15                                                 Subtitle
16                           TO AMEND THE LAW CONCERNING THE CIVIL
17                           ACTION TO ELIMINATE THE AVAILABILITY OF
18                           PREMISES USED CONTINUALLY IN CRIMINAL
19                           OFFENSES.
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22   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24           SECTION 1.       Arkansas Code § 5-74-109(c) and (d), concerning the civil
25   remedies available to eliminate availability of premises used in criminal
26   offenses, is amended to read as follows:
27           (c) Action to Abate — Permanent Injunction — Verification of Complaint.
28                   (1)     When there is reason to believe a common nuisance under
29   subsection (b) of this section is kept or maintained, or exists in any
30   county, the prosecuting attorney of the county in the name of the state, or
31   the city attorney of any incorporated city, the Attorney General, or any
32   citizen of the state or a resident of the county in his or her own name, may
33   enjoin permanently the person conducting or maintaining the nuisance and the
34   owner, lessee, or agent of the building or place in or upon which the
35   nuisance exists from directly or indirectly maintaining or permitting the
36   nuisance.
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                                                                                HB1672
 1               (2)   Unless filed by the prosecuting attorney or the Attorney
 2   General, the complaint in the action shall be verified.
 3        (d) Inspection Warrant. When there is reasonable cause to believe that
 4   any premises is being maintained in violation of this section, any a judicial
 5   officer may, upon the petition of the prosecuting attorney or the Attorney
 6   General, issue an inspection warrant for the premises.
 7
 8        SECTION 2.    Arkansas Code § 5-74-109(e)(2)(B), concerning the bond
 9   requirements for a temporary injunction, is amended to read as follows:
10                     (B)   No A bond is not required when the proceeding is
11   instituted by the prosecuting attorney, the Attorney General, or city
12   attorney.
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14        SECTION 3.    Arkansas Code § 5-74-109(j)(3)(A), concerning an order or
15   abatement and the use of funds paid as damages, is amended to read as
16   follows:
17               (3)(A)(i)   If the court finds that any a vacancy resulting from
18   closure of the building or place may create a nuisance or that closure is
19   otherwise harmful to the community, in lieu of ordering the building or place
20   closed, the court may order the person who is seeking to keep the premises
21   open to pay damages in an amount equal to the fair market rental value of the
22   building or place, for such a period of time as determined appropriate by the
23   court, to the city attorney, or county prosecutor prosecuting attorney, or
24   the Attorney General.
25                           (ii) These funds Damages ordered under subdivision
26   (j)(3)(A)(i) of this section are to be used:
27                                 (a) to To investigate and litigate future
28   nuisance abatement actions,; or
29                                 (b)   the funds are to be used by By the city or
30   county in whose jurisdiction the nuisance is located or by the state for the
31   purpose of carrying out its drug prevention and education programs.
32                           (iii) If damages ordered under subdivision
33   (j)(3)(A)(i) of this section are awarded to a city, eligible programs under
34   subdivision (j)(3)(A)(ii)(b) may include those developed as a result of
35   cooperative programs among schools, community agencies, and the local
36   enforcement agency.
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                                                                            HB1672
 1                          (iv) If damages ordered under subdivision
 2   (j)(3)(A)(i) of this section are awarded to a county, funds the damages shall
 3   be used for those programs under subdivision (j)(3)(A)(ii)(b) that are part
 4   of any county program in place or used by the county law enforcement agency.
 5                          (v)   These funds Damages ordered under subdivision
 6   (j)(3)(A)(i) of this section shall not be used to supplant existing city,
 7   county, state, or federal resources used for drug prevention and education
 8   programs.
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12                                 APPROVED: 4/12/23
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Statutes affected: 
HB 1672: 5-74-109(c), 5-74-109(e), 5-74-109(j)
Act 741: 5-74-109(c), 5-74-109(e), 5-74-109(j)