House Introduced Bill 5348

HOUSE BILL No. 5348

February 10, 2000, Introduced by Reps. Scott, DeWeese, DeHart, Hale, Richner, Garza, Daniels, Price, Jacobs, Prusi, Thomas
and Lemmons and referred to the Committee on Family and Civil Law.

A bill to create certain civil actions; to provide certain

civil remedies for certain drug related nuisances; to impose cer-

tain penalties; to grant immunity to certain persons; to pre-

scribe duties for certain state agencies; to create certain

revolving funds; and to provide for certain standards of proof.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 1. This act shall be known and may be cited as the

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"drug nuisance abatement act".

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Sec. 2. As used in this act:

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(a) "Community organization" means a group, whether or not

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incorporated, that consists of individuals who reside or work in

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a building, complex of buildings, street, block, or neighborhood

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any part of which is located on or within 1,000 feet of the

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premises alleged to be a drug nuisance and whose purpose is to

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benefit the quality of life in its neighborhood or community,

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including providing treatment programs.

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(b) "Controlled substance" means that term as defined in

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section 7104 of the public health code, 1978 PA 368, MCL

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333.7104.

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(c) "Deliver" and "distribute" mean those terms as defined

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in section 7105 of the public health code, 1978 PA 368, MCL

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333.7105.

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(d) "Drug distribution event" means the unlawful manufacture

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or delivery of, or possession with intent to manufacture or

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deliver, a controlled substance or an unlawful attempt or con-

12
spiracy to commit such an act.

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(e) "Drug nuisance" means premises where any of the follow-

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ing occurred:

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(i) Three or more separate drug distribution events have

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occurred within the period of 1 year before the commencement of

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the civil action under this act.

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(ii) On 3 or more separate occasions within the period of 1

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year immediately preceding the commencement of the civil action

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under this act, 2 or more persons who did not reside on the

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premises gathered for the principal purpose of unlawfully ingest-

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ing, injecting, inhaling, or otherwise using a controlled sub-

23
stance, whether or not the controlled substance was unlawfully

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distributed or purchased at the location.

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(iii) Any amount of controlled substance has been manufac-

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tured, more than 50 marihuana plants have at any 1 time been

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grown or cultivated, or any controlled substance in an amount of

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1 kilogram or more has at any 1 time been unlawfully stored,

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warehoused, concealed, or otherwise kept.

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(iv) The premises were used or are being used in any way in

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furtherance of or to promote or facilitate the commission of a

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drug distribution event.

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(f) "Manufacture" and "marihuana" means those terms as

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defined in section 7106 of the public health code, 1978 PA 368,

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MCL 333.7106.

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(g) "Owner" means a person in whom is vested the ownership

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and title of property, and who is the owner of record. Owner

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includes, but is not limited to, a local, city, state, or federal

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governmental entity.

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(h) "Person" means an individual, corporation, association,

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partnership, trustee, lessee, agent, assignee, enterprise, gov-

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ernmental entity, or any other legal entity or group of individu-

16
als associated in fact that is capable of holding a legal or ben-

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eficial interest in property.

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(i) "Rehabilitation fund" means the nuisance abatement and

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neighborhood rehabilitation fund created in section 16.

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(j) "Residents fund" means the treatment for displaced resi-

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dents fund created in section 16.

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Sec. 3. (1) A cause of action is established that is a

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civil action to enjoin the commission of drug distribution

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events, to close down and physically secure premises or portions

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of premises that are drug nuisances, to abate drug nuisances, and

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to impose civil penalties. An action under this act shall be

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brought in the circuit court. The circuit court has jurisdiction

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to order the remedies or relief prescribed by this act.

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(2) Except as otherwise provided in this act, the civil

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cause of action established by this act shall be proved by a pre-

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ponderance of the evidence.

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Sec. 4. (1) A civil action for temporary, preliminary, or

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permanent injunctive relief or for a penalty prescribed by this

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act may be brought by any of the following:

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(a) The municipal or corporation counsel representing a

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municipal or county governing body that has jurisdiction over the

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location at which the alleged drug nuisance exists.

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(b) The attorney general or county prosecutor having juris-

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diction over the premises at which the alleged drug nuisance

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exists.

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(c) A community organization.

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(d) An individual who resides, is employed full- or

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part-time at the site of a business premises, or owns or operates

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a business premises, on or within 1,000 feet of any alleged drug

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nuisance.

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(2) An action under this act shall be brought against the

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owner and may also be brought against an individual who is a

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landlord, tenant, manager, operator, or supervisor of the

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premises alleged to be a drug nuisance. In addition, the court

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has in rem jurisdiction over the premises alleged to be a drug

25
nuisance, and the complaint initiating an action under this act

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shall name as a defendant the premises involved, describing them

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by block, lot number, and street address, or by other appropriate

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means.

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(3) A person shall not be required to post a bond or secur-

4
ity as a condition of initiating or prosecuting an action under

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this act.

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(4) An individual who completes an affidavit stating that

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the affiant is preparing to initiate an action under this act may

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request that the office of the register of deeds promptly provide

9
without charge the name and address of all owners of the premises

10
as reflected upon the current county records. The office of the

11
register of deeds shall be reimbursed for the cost of providing

12
this information from the rehabilitation fund.

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(5) The person in whose name the premises involved are

14
recorded in the office of the register of deeds is presumed to be

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the owner of the premises.

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(6) Evidence that an individual was the manager, operator,

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supervisor, or in any other way in charge of the premises

18
involved at the time conduct constituting the drug nuisance is

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alleged to have been committed raises a rebuttable presumption

20
that he or she was an agent or employee of the owner, landlord,

21
or lessee of the premises.

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Sec. 5. (1) A complaint initiating an action under this act

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shall be personally served and notice to all defendants shall be

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provided. After filing an affidavit that personal service cannot

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be had after due diligence on 1 or more defendants within 20 days

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after the filing of the complaint, the plaintiff may mail a copy

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of the complaint to the defendant by certified mail, restricted

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delivery, return receipt requested to the clerk of court, and

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affix a copy of the complaint conspicuously to the premises

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alleged to be a drug nuisance. Service is complete 5 days after

4
filing with the court proof that the complaint was mailed and an

5
affidavit stating that a copy of the complaint has been affixed

6
to the premises.

7
(2) A tenant or resident of premises that are used in whole

8
or in part as a business, home, residence, or dwelling, other

9
than a transient guest of a guest house, hotel, or motel, who may

10
be affected by an order issued under this act shall be provided

11
reasonable notice as ordered by the court and shall be afforded

12
an opportunity to be heard at all hearings.

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(3) Notice of lis pendens shall be filed concurrently with

14
the commencement of the action in the office of the register of

15
deeds.

16
Sec. 6. If a court determines in its discretion that the

17
plaintiff bringing an action under this act has failed to prose-

18
cute the matter with reasonable diligence, the court may substi-

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tute as plaintiff a consenting person if that person would have

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been authorized under this act to initiate the action.

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Sec. 7. (1) The court shall hear an action for injunctive

22
relief or a civil penalty under this act on an expedited basis.

23
(2) The court shall not grant a continuance except for com-

24
pelling and extraordinary reasons, or on the application of a

25
prosecuting agency for good cause shown.

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(3) The court shall not stay the civil proceedings pending

27
the disposition of a related criminal proceeding except for

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compelling and extraordinary reasons or except upon the

2
application of a prosecuting attorney for good cause shown.

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(4) The court shall not dismiss an action under this act for

4
want of prosecution unless the court is clearly convinced that

5
the interests of justice require a dismissal. If the court

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determines that a dismissal is necessary, the dismissal shall be

7
without prejudice to the right of the plaintiff or any other

8
person authorized to bring an action under this act to reinsti-

9
tute the action.

10
Sec. 8. (1) A person authorized to bring a civil action for

11
injunctive relief under this act may file a complaint seeking

12
preliminary injunctive relief by alleging that the premises are a

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drug nuisance. Upon receipt of the complaint, the court shall

14
order a preliminary hearing that shall be held not later than 30

15
days after the date of the order. Plaintiff shall serve the

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owners of the premises as provided in section 5 not less than 5

17
days before the hearing. If service cannot be completed in time

18
to give the owners the minimum notice required by this subsec-

19
tion, the court may set a new hearing date.

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(2) The court shall issue an order to close the premises

21
involved or the appropriate portion of the premises if all of the

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following circumstances exist:

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(a) The premises are a drug nuisance.

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(b) Not less than 30 days before the filing of the complaint

25
seeking preliminary injunctive relief, the owner or the owner's

26
agent was notified by certified letter of the drug nuisance.

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(c) The public health, safety, or welfare immediately

2
requires a preliminary closing order.

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(3) The preliminary closing order shall direct actions nec-

4
essary to physically secure the premises, or an appropriate por-

5
tion of the premises, against use for any purpose. The prelimi-

6
nary closing order shall also restrain the defendant and all per-

7
sons from removing or interfering with the furniture, fixtures,

8
and movable or personal property located on the premises.

9
(4) If the court finds that the premises are a drug nuisance

10
but that immediate closing of the premises is not required as

11
prescribed by subsection (2), the court may enjoin the drug nui-

12
sance and issue an order restraining the defendants and all other

13
persons conducting, maintaining, aiding, abetting, or permitting

14
drug distribution events constituting the drug nuisance.

15
Additionally, the court may issue an order appointing a temporary

16
receiver to manage or operate the premises. A temporary receiver

17
has those powers and duties specifically authorized in

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section 14.

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(5) In determining whether the public health, safety, or

20
welfare immediately requires a preliminary closing order, the

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court shall consider any relevant evidence presented concerning

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any attendant circumstances, including, but not limited to,

23
whether the alleged drug distribution events or related activi-

24
ties involved the use or threat of violence at or near the site

25
alleged to be a drug nuisance, and whether the alleged drug dis-

26
tribution events involved distribution or sale of a controlled

27
substance by or to a juvenile.

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Sec. 9. (1) Upon order of the court, preliminary

2
restraining and closing orders shall be enforced by the sheriff

3
or the local police department.

4
(2) An officer serving a temporary closing order or a tempo-

5
rary restraining order shall file with the court an inventory of

6
the personal property on the closed premises and shall be allowed

7
to enter the premises to make the inventory. The inventory shall

8
provide an accurate representation of the personal property

9
including, but not limited to, photographs of furniture, fix-

10
tures, and other personal or movable property.

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(3) An officer serving a preliminary closing order shall

12
demand all people present on the closed premises to vacate the

13
premises or a portion of the premises immediately unless the

14
court orders otherwise. The premises or portion of the premises

15
shall be securely locked and all keys shall be held by the law

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enforcement agency closing the premises.

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(4) When a preliminary closing order or a preliminary

18
restraining order is served, an officer shall post a copy of the

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closing or restraining order in a conspicuous place or upon 1 or

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more of the principal doors at entrances of the premises. In

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addition, if a preliminary closing order has been granted, an

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officer shall affix, in a conspicuous place or upon 1 or more of

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the principal entrances of the premises, a printed notice that

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the entire premises or portion of the premises, as appropriate,

25
is closed by court order. The notice shall contain the legend

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"closed by court order" in block lettering of sufficient size to

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be observed by an individual attempting to enter the premises.

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The printed notice shall also include the date of the order, the

2
court that issued the order, and the name of the law enforcement

3
agency posting the notice. If a preliminary restraining order

4
has been granted, the officer shall affix, in the same manner, a

5
notice stating that certain activity is prohibited by court order

6
and that removal of furniture, fixtures, or other personal or

7
movable property is prohibited by court order.

8
(5) An individual who without lawful authority mutilates or

9
removes an order or notice posted in accordance with subsection

10
(4) is guilty of a misdemeanor.

11
Sec. 10. (1) An officer serving a preliminary closing order

12
as provided in section 9 shall provide outreach information and

13
referral materials to all residents of the premises who are

14
present on how to obtain alcohol and other drug rehabilitation

15
treatment.

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(2) Not less than 10 days before the removal of an individ-

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ual as provided in this act, the court shall provide notice of

18
the removal to local alcohol and other drug counseling or treat-

19
ment agencies, the local child welfare agency, and other appro-

20
priate social service agencies.

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(3) A 1-page summary of the information and materials speci-

22
fied in subsection (1) shall be posted next to a preliminary

23
closing order or preliminary restraining order posted in accord-

24
ance with section 9.

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(4) The department of community health or its designee shall

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prepare the materials described in subsection (1) and shall

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disseminate them to all sheriffs' departments and local police

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departments that are empowered to enforce closing orders under

2
this act.

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Sec. 11. If the premises that are a drug nuisance include

4
multiple residences, dwellings, or business establishments, a

5
preliminary or permanent closing order issued pursuant to this

6
act shall, so far as is practicable, be limited to that portion

7
of the entire premises necessary to abate the nuisance and pre-

8
vent the recurrence of drug distribution events.

9
Sec. 12. In addition to other relief expressly authorized

10
by this act, the court may order a defendant who knew or had

11
reason to know of a drug nuisance to provide relocation assist-

12
ance to a tenant ordered to vacate premises as provided in this

13
act, if the court determines that the tenant was not involved in

14
a drug distribution event constituting the nuisance and did not

15
knowingly aid in the commission of the drug distribution event.

16
Relocation assistance shall be in the amount necessary to cover

17
moving costs, security deposits for utilities and comparable

18
housing, lost rent, and other expenses that the court determines

19
are fair and reasonable as a result of the court's order to close

20
premises or a portion of premises as provided in this act.

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Sec. 13. (1) At any time before trial, the court upon

22
application of a defendant may vacate or modify a closing order,

23
after notice to the person bringing the action under this act, if

24
the defendant shows by clear and convincing evidence that he or

25
she was not involved in the commission of a drug distribution

26
event constituting the nuisance, and he or she does all of the

27
following:

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(a) Provides a bond in an amount equal to the assessed

2
value, for property tax purposes, of the premises or portion of

3
the premises subject to the closure order, or an amount fixed by

4
the court, and the court determines that the public safety or

5
welfare will be adequately protected.

6
(b) Submits clear and convincing proof to the court that the

7
drug nuisance has been satisfactorily abated and will not recur.

8
In determining whether the drug nuisance has been satisfactorily

9
abated and will not recur, the court shall consider the nature,

10
severity, and duration of the nuisance and other relevant factors

11
including, but not limited to, all of the following:

12
(i) Whether the defendant through the exercise of reasonable

13
diligence should have known that drug distribution events were

14
occurring on the premises, and whether the defendant took neces-

15
sary and appropriate steps to prevent the commission of the drug

16
distribution events.

17
(ii) Whether the defendant has in good faith initiated an

18
eviction or removal action under the expedited eviction of drug

19
traffickers act against tenants or other persons who committed

20
drug distribution events on the premises, immediately upon learn-

21
ing of a factual basis for initiating an eviction or removal

22
action.

23
(iii) Whether the defendant has developed an abatement plan

24
that has been agreed to by the person bringing the action under

25
this act and that has been approved by the court. The abatement

26
plan may provide for 1 or more of the following:

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(A) Hiring an on-site manager to prevent the recurrence of

2
drug distribution events.

3
(B) Making capital improvements to the property, such as

4
security gates.

5
(C) Installing improved interior or exterior lighting.

6
(D) Employing security guards.

7
(E) Installing electronic security or visual monitoring

8
systems.

9
(F) Establishing tenant-approved security procedures.

10
(G) Attending property management training programs.

11
(H) Making cosmetic improvements to the property.

12
(I) Providing, at no cost, suitable space and facilities for

13
a local enforcement agency to establish a police substation or

14
mini-station on or near the site of the drug nuisance.

15
(J) Establishing a program designed to enhance security and

16
prevent the recurrence of drug distribution events on or near the

17
premises involved.

18
(2) If the court accepts a bond pursuant to

19
subsection (1)(a) and conduct constituting a drug nuisance

20
recurs, the bond is forfeited unless the court finds compelling

21
and extraordinary reasons why forfeiture would not be in the

22
interests of justice. Money forfeited pursuant to this section

23
shall be paid into the rehabilitation fund.

24
Sec. 14. (1) If the court finds after trial that premises

25
are a drug nuisance, the court shall grant permanent injunctive

26
relief and shall issue the necessary orders to abate the drug

27
nuisance and to prevent to the extent reasonably possible the

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recurrence of the drug nuisance. The court's order may include,

2
but need not be limited to, provisions doing all of the

3
following:

4
(a) Directing the sheriff or other appropriate agency to

5
seize from the premises all material, equipment, and instrumen-

6
talities used in the creation and maintenance of the drug nui-

7
sance and to sell the property. The net proceeds of the sale,

8
after the deduction of all lawful expenses, shall be paid into

9
the rehabilitation fund and the residents fund.

10
(b) Authorizing the plaintiffs to make repairs, renovations,

11
and construction and structural alterations or to take other

12
actions necessary to bring the premises into compliance with all

13
applicable housing, building, fire, zoning, health, and safety

14
codes, ordinances, rules, regulations, or statutes. Expenditures

15
may be filed as a lien against the property.

16
(c) Directing the closing of the premises, or an appropriate

17
portion of the premises, to the extent necessary to abate the

18
nuisance, and directing the officer or agency enforcing the clo-

19
sure order to post a copy of the judgment and a printed notice of

20
the closing order conforming to the requirements of section

21
9(4). The closing directed by the judgment shall be for a period

22
of time determined by the court and shall be for a period of not

23
more than 1 year from the posting of the judgment.

24
(d) Suspending or revoking a business, professional, oper-

25
ational, or liquor license.

26
(e) Ordering the suspension of a state, city, or local

27
governmental subsidy payable to the owners of the property, such

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as tenant assistance payments to landlords, until the nuisance is

2
satisfactorily abated.

3
(f) Appointing a temporary receiver to manage or operate the

4
premises for as long as the court determines is necessary to

5
abate the nuisance. A receiver appointed under this section has

6
the powers and duties ordered by the court, which may include,

7
but are not limited to, all of the following:

8
(i) Collecting, holding, and dispersing the proceeds of all

9
rents due from all tenants.

10
(ii) Leasing or renting portions of the premises involved.

11
(iii) Making or authorizing other persons to make necessary

12
repairs or to maintain the property.

13
(iv) Hiring security or other personnel necessary for the

14
safe and proper operation of the premises.

15
(v) Retaining counsel to prosecute or defend suits arising

16
from his or her management of the premises.

17
(vi) Expending money from the collected rents in furtherance

18
of his or her powers.

19
(2) A receiver appointed by the court pursuant to this sec-

20
tion or section 8 shall be sworn and shall affirm faithfully and

21
fairly to discharge the trust committed to him or her. To ensure

22
that the receiver faithfully discharges his or her duties, the

23
court making the appointment may require the receiver to post a

24
bond in an amount fixed by the court.

25
Sec. 15. (1) If the court finds after trial that premises

26
are a drug nuisance, the court shall order the closure of the

27
premises or an appropriate portion of the premises as provided in

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section 14, unless the court is clearly convinced that a vacancy

2
resulting from the closure would exacerbate rather than abate the

3
nuisance or would be extraordinarily harmful to the community or

4
the public interest.

5
(2) The court at any time after trial may vacate the provi-

6
sions of the judgment that directed the closing of the premises

7
or any portion of the premises if the defendant submits clear and

8
convincing proof to the court that the drug nuisance has been

9
satisfactorily abated and is not likely to recur. In determining

10
whether the drug nuisance has been satisfactorily abated and is

11
not likely to recur, the court shall consider the nature, severi-

12
ty, and duration of the drug nuisance and all other relevant fac-

13
tors including, but not limited to, those factors set forth in

14
section 13(1)(b).

15
Sec. 16. (1) The nuisance abatement and neighborhood reha-

16
bilitation fund is created as a separate fund within the state

17
treasury. The state treasurer shall pay into the rehabilitation

18
fund money appropriated and made available by the state on an

19
annual basis for the purpose of funding local drug nuisance

20
abatement, drug prevention, education, and housing and neighbor-

21
hood rehabilitation programs.

22
(2) The treatment for displaced residents fund is created as

23
a separate fund within the state treasury. The state treasurer

24
shall pay into the residents fund money appropriated and made

25
available by the state for the purpose of providing drug and

26
alcohol rehabilitation treatment to residents that have been

27
displaced pursuant to this act. The residents fund shall be

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administered by the department of community health or its

2
designee.

3
(3) The funds created in this section shall not be used to

4
supplant existing municipal, county, state, or federal resources

5
for the courts, nuisance abatement, drug prevention, education,

6
housing and neighborhood rehabilitation, or treatment programs.

7
(4) The state treasurer may receive money or other assets

8
for deposit into the rehabilitation fund and residents fund. The

9
state treasurer shall direct the investment of the money.

10
(5) At the end of the fiscal year, money in the rehabilita-

11
tion fund and the residents fund shall remain in the funds and

12
shall not revert to the general fund.

13
Sec. 17. (1) If the court finds after trial that premises

14
are a drug nuisance, the court shall impose a civil penalty

15
against a defendant who knowingly conducted, maintained, aided,

16
abetted, or permitted a drug nuisance. The penalty shall be

17
$25,000.00 or the market value of the entire premises involved,

18
whichever amount is greater. If the court finds, based on the

19
evidence, that imposing the penalty would constitute a miscar-

20
riage of justice under the totality of the circumstances, the

21
court may lower the penalty amount to the extent necessary to

22
avoid a miscarriage of justice.

23
(2) Either of the following is prima facie evidence that the

24
defendant knowingly permitted the drug nuisance:

25
(a) The defendant failed to initiate an eviction action as

26
authorized by the expedited eviction of drug traffickers act

27
against a tenant after being notified by certified or registered

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mail of the tenant's drug distribution events committed on the

2
leased premises.

3
(b) Within 2 years before the occurrence of the instant drug

4
nuisance, a closure order was vacated under section 15.

5
(3) The court at any time shall waive, suspend, or revoke an

6
unpaid civil penalty imposed under this section if the court is

7
satisfied that all of the following are true:

8
(a) The defendant against whom the penalty is imposed has

9
not violated an order issued under this act.

10
(b) The defendant transfers title to the premises to the

11
plaintiff or a community organization approved by the court, if

12
the organization is a nonprofit incorporated organization or

13
association that is exempt from taxation under section 501(c)(3)

14
of the internal revenue code of 1986, and that is authorized by

15
its corporate charter or bylaws to rehabilitate, restore, main-

16
tain, manage, or operate commercial or residential premises.

17
Unless otherwise agreed to by the recipient organization, the

18
defendant shall personally retain all state and local tax liabil-

19
ity of the premises, and this obligation attaches to any other

20
real property owned by the defendant that is located in the same

21
county as the premises.

22
(4) A civil penalty imposed under this section shall be col-

23
lected and distributed as follows:

24
(a) Ten percent of the penalties collected shall be retained

25
by the court to offset the costs of collection.

26
(b) Forty-five percent of the penalties collected under this

27
section shall be deposited in the rehabilitation fund.

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(c) Forty-five percent of the penalties collected shall be

2
deposited in the residents fund.

3
Sec. 18. (1) At any time before or after trial, the parties

4
to an action under this act may negotiate and agree to a fair

5
settlement of the dispute, subject to the approval of the court.

6
(2) On application of a plaintiff, the court may vacate a

7
closing order if the defendant has transferred title to the

8
premises to the plaintiff or a community organization approved by

9
the court, if the community organization is a nonprofit incorpo-

10
rated organization or association that is exempt from taxation

11
under section 501(c)(3) of the internal revenue code of 1986, and

12
that is authorized by its corporate charter or bylaws to rehabil-

13
itate, restore, maintain, manage, or operate commercial or resi-

14
dential premises. If the title is transferred in accordance with

15
this subsection, the requirements for prerelease inspection set

16
forth in section 21 do not apply.

17
Sec. 19. Whenever an action for injunctive relief or penal-

18
ties brought under this act terminates in a settlement or judg-

19
ment favorable to the plaintiff, the plaintiff is entitled to

20
recover the actual cost of the suit, including, but not limited

21
to, reasonable attorney fees and all expenses and disbursements

22
by the plaintiff and any other governmental entity in investigat-

23
ing, bringing, maintaining, and enforcing the action and related

24
court orders. All defendants are jointly and severally liable

25
for the payment of taxed costs imposed under this section.

26
Sec. 20. A judgment awarding a permanent injunction under

27
this act is a lien upon the premises declared to be a drug

00579'99 *
20

1
nuisance. A judgment against a defendant imposing a civil

2
penalty or bill of taxed costs under this act is a lien upon the

3
real estate owned by the defendant at the time the penalty was

4
imposed and upon real estate the defendant subsequently acquires

5
for a period of 10 years after the date of the judgment.

6
Sec. 21. (1) Subject to section 18 and unless the court

7
expressly orders otherwise, premises or portion of premises

8
closed under this act shall not be released or opened unless

9
inspected and found to be in compliance with applicable local or

10
state housing, building, fire, zoning, health and safety codes,

11
ordinances, rules, regulations, or statutes. If the inspection

12
reveals a violation of a code, ordinance, rule, regulation, or

13
statute, the court shall issue an order or grant relief that is

14
necessary to bring the premises or a portion of the premises into

15
compliance. The court may order the premises or a portion of the

16
premises to remain closed pending the completion of the necessary

17
repair or modification, even if the order of closure would then

18
exceed the 1-year time limit prescribed in section 14.

19
(2) The court may authorize a person or government official

20
to enter premises or a portion of premises closed pursuant to

21 this act to inspect or make a repair or modification necessary to

22
abate the nuisance or to bring the premises or a portion of the

23
premises into compliance with applicable housing, building, fire,

24
zoning, health or safety code, ordinance, rule, regulation, or

25
statute.

26
Sec. 22. A cause of action or remedy authorized by this act

27
is in addition to any other causes of action or remedies.

00579'99 *
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1
Sec. 23. (1) In an action brought under this act, all

2
relevant evidence, including evidence of the use or threat of

3
violence, evidence of reputation in a community, and prior

4
efforts or lack of efforts by the defendant to abate the drug

5
nuisance, is admissible to prove the existence of a drug

6
nuisance.

7
(2) If a criminal prosecution or adjudication proceeding

8
involving the drug distribution event constituting the drug nui-

9
sance results in a criminal conviction or adjudication of delin-

10
quency, the conviction or adjudication creates a rebuttable pre-

11
sumption that the drug distribution event occurred. Evidence or

12
testimony admitted in the criminal or juvenile proceedings,

13
including transcripts or a court reporter's notes of the tran-

14
scripts of the adult or juvenile criminal proceedings, whether or

15
not they have been transcribed, may be admitted in the civil

16
action brought under this act.

17
(3) Notwithstanding any other provision of this act, if the

18
hearing of a criminal proceeding that did not result in an adju-

19
dication of delinquency has been closed in accordance with

20
section 17 of chapter XIIA of the probate code of 1939, 1939 PA

21
288, MCL 712A.17, the court in a civil action brought under this

22
act may order the evidence or records to be opened if the court

23
finds that the evidence or records are relevant to the fair dis-

24
position of the civil action.

25
(4) If proof of the existence of the drug nuisance depends,

26
in whole or in part, upon an affidavit or testimony of a witness

27
who is not a peace officer, the court may, upon a showing of a

00579'99 *
22

1
prior threat of violence or act of violence by a defendant or

2
another person, issue an order to protect that witness including,

3
but not limited to, the nondisclosure of the name, address, or

4
other information that may identify the witness.

5
(5) A law enforcement agency may make available to a person

6
seeking to secure compliance with this act a police report,

7
edited portion of a police report, forensic laboratory report, or

8
edited portion of a forensic laboratory report concerning drug

9
distribution events committed on or within the premises

10
involved. A law enforcement agency may also make an officer

11
available to testify as a fact or expert witness in a civil

12
action under this act. The agency shall not disclose this infor-

13
mation if, in the agency's opinion, disclosure would jeopardize

14
an investigation, prosecution, or other proceeding or if disclo-

15
sure would violate a federal or state statute.

16
Sec. 24. A civil action may be brought under this act, and

17
the court may find the existence of a drug nuisance, even if a

18
drug distribution event used to establish the existence of the

19
drug nuisance has not resulted in an arrest, prosecution, convic-

20
tion, or adjudication of delinquency.

21
Sec. 25. (1) A court-ordered closing of premises or a por-

22
tion of premises under this act does not constitute an act of

23
possession, ownership, or control by the court, the plaintiff, or

24
a government official or entity responsible for enforcing the

25
court order.

26
(2) A person bringing, maintaining, or enforcing a civil

27
action or order issued in accordance with this act is immune from

00579'99 *
23

1
civil liability that might otherwise be incurred for theft of,

2
loss of, damage to, or injury to premises constituting the drug

3
nuisance or a fixture, furniture, or personal or movable property

4
located at the premises.

5
Sec. 26. A person who, in good faith, institutes, partici-

6
pates in, or testifies in, or encourages a person to institute,

7
participate in, or testify in, a civil action under this act or

8
who, in good faith, provides information relied upon by a person

9
in instituting or participating in a civil action under this act

10
is immune from civil liability that might otherwise be incurred

11
or imposed.

12
Sec. 27. (1) A person whose business or property has been

13
damaged by a drug nuisance may bring a separate civil action for

14
actual damages in the circuit court against a person who know-

15
ingly conducted, maintained, aided, abetted, or permitted the

16
drug distribution event constituting the drug nuisance.

17
(2) In an action for damages under this section, the failure

18
of an owner or landlord to initiate an eviction action against a

19
tenant in accordance with the provisions of the expedited evic-

20
tion of drug traffickers act, if the owner or landlord has been

21
notified by a person who is authorized to bring an action under

22
this act by certified or registered mail of the tenant's drug

23
distribution events committed on the leased premises, is prima

24
facie evidence that the owner knowingly gave permission to engage

25
in conduct constituting the drug nuisance.

00579'99 *
24

1
(3) In an action for damages under this section, expert

2
testimony may be used to determine the amount of actual damage or

3
loss incurred because of the drug nuisance.

4
(4) If an action for damages under this section terminates

5
in a settlement or judgment favorable to the plaintiff, the

6
plaintiff is entitled to recover the actual cost of the suit,

7
including, but not limited to, reasonable attorney fees and all

8
expenses and disbursements by the plaintiff in investigating,

9
bringing, and maintaining the action. All defendants are jointly

10
and severally liable for the payments of taxed costs imposed

11
under this section.

12
(5) In an action for damages under this section, evidence

13
admitted or admissible in a civil action for injunctive relief or

14
penalty under this act is admissible.

15
Sec. 28. If title to property is transferred to a neighbor-

16
hood or community organization as provided in section 17 or in a

17
negotiated settlement of an action under this act, and subject to

18
the approval of the court in which the civil action was initi-

19
ated, the property may be used to house an alcohol or other drug

20
prevention, education, or intervention program, or licensed alco-

21
hol and other drug counseling, treatment or rehabilitation

22
program. The property is not exempt from the requirements of an

23
applicable zoning, fire, safety, or health code, ordinance, rule,

24
regulation, or statute.

25
Enacting section 1. This act does not take effect unless

26
all of the following bills of the 90th Legislature are enacted

27
into law:

00579'99 *
25

1
(a) Senate Bill No. _____ or House Bill No. 5345 (request

2
no. 00577'99 *).

3
(b) Senate Bill No. _____ or House Bill No. 5347 (request

4
no. 00578'99 *).

5
(c) Senate Bill No. _____ or House Bill No. 5346 (request

6
no. 00580'99 *).

00579'99 * Final page. TLG