S.B. 40

1

EVICTION FOR ILLEGAL ACTIVITIES
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David H. Steele
5 AN ACT RELATING TO JUDICIAL CODE; EXPANDING DEFINITION OF NUISANCE FOR
6 PURPOSE OF EVICTION; AND MAKING TECHNICAL CORRECTIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 78-38-9, as last amended by Chapter 69, Laws of Utah 1996
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-38-9 is amended to read:
12 78-38-9. Nuisance -- Right of action to abate nuisances -- Drug houses and drug
13 dealing -- Gambling -- Group criminal activity -- Prostitution -- Weapons.
14 (1) Every building or place is a nuisance where:
15 (a) the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition
16 occurs of any controlled substance, precursor, or analog specified in Title 58, Chapter 37,
17 Controlled Substances;
18 (b) gambling is permitted to be played, conducted, or dealt upon as prohibited in Title 76,
19 Chapter 10, Part 11, Gambling, which creates the conditions of a nuisance as defined in Subsection
20 78-38-1 (1);
21 (c) criminal activity is committed in concert with two or more persons as provided in
22 Section 76-3-203.1 ;
23 (d) parties occur frequently which create the conditions of a nuisance as defined in
24 Subsection 78-38-1 (1); [and]
25 (e) prostitution or promotion of prostitution is regularly carried on by one or more persons
26 as provided in Title 76, Chapter 10, Part 13, Prostitution; and
27 (f) h [ if the violation occurs on the premises, ] h a violation of Title 76, Chapter 10, Part 5,

28 Weapons h , OCCURS ON THE PREMISES h .
29 (2) It is a defense to nuisance under Subsection (1)(a) if the defendant can prove [he] that
30 the defendant is lawfully entitled to possession of a controlled substance.
31 (3) Sections 78-38-10 through 78-38-16 govern only an abatement by eviction of the
32 nuisance as defined in Subsection (1).




Legislative Review Note
as of 1-25-99 8:54 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel