CT HB05489

Expands the definition of public nuisance to include property on which certain enumerated offenses have occurred, and adds four new offense categories: breach of the peace on nonresidential property (section 53a-180aa or 53a-181), sale of alcohol to minors or intoxicated persons (section 30-86), and municipal ordinance violations for excessive noise, overcrowded dwellings, or illegal adult-oriented businesses on nonresidential property.

Changes the burden of proof in public nuisance proceedings from "clear and convincing evidence" to "preponderance of the evidence" for both state prosecutors and defendants claiming affirmative defenses.

Adds affirmative defense language allowing financial institution defendants to prove they took reasonable steps to abate a nuisance but were unable to do so, with an exception if the institution knew or should have known of the nuisance and took no action.

Elevates criminal lockout from a class C misdemeanor to a class B misdemeanor and expands the offense to cover both residential and nonresidential units, including lessees deprived of access to nonresidential property.

All changes take effect January 1, 2013.