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S.F. No. 1123 - Gang Nuisance Law
 
Author: Senator John M. Harrington
 
Prepared By:
 
Date: February 8, 2012



 

This bill amends the definition of "gang activity" for purposes of the gang nuisance law to include unlawful possession of a firearm by a minor.  With respect to firearms offenses, current law includes possession or unlawful use of a firearm by certain convicted felons and possession of a firearm by persons who have been convicted of, or adjudicated delinquent or as an extended jurisdiction juvenile for committing a crime of violence. 

The gang nuisance law is contained in Minnesota Statutes, sections 617.91 to 617.97.  It establishes a procedure under which a city or county attorney or the attorney general may bring a lawsuit to enjoin a public nuisance involving gang activities.  A criminal gang that continuously or regularly engages in gang activities is considered a public nuisance and the continuous or regular use of a place by a tenant to engage in or allow gang activity may also constitute a public nuisance under specified circumstances.  A criminal gang has the meaning given in section 609.229, which is the criminal code provision dealing with a crime committed for the benefit of a gang.  

Copies of relevant statutes are attached. 

KP:rer

 
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