S.B. 40 Enrolled

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

(3) Sections 78-38-10 through 78-38-16 govern only an abatement by eviction of the
nuisance as defined in Subsection (1).

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