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DE SB65
Bill
AI Summary
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Renames Chapter 71 of Title 10 from "Drug Nuisance and Social Vices" to "Criminal Nuisance" and expands the definition to include illegal firearms activity, criminal gang activity, violent felonies, prostitution, and other public nuisances beyond just drug-related offenses
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Allows the Attorney General to bring civil actions to abate criminal nuisances, and permits private citizens to file complaints on behalf of the state, with the Attorney General having authority to intervene or dismiss cases with insufficient evidence
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Establishes detailed criteria for "adverse impact" on communities, including diminished property values, increased fear among residents, higher police call volumes, and increased housing/health code violations related to criminal activity
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Creates affirmative defenses for landlords/owners who can demonstrate they attempted to abate the nuisance before receiving notice, such as sending termination notices to tenants or filing eviction actions
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Increases civil penalties from a flat $25,000 to either $25,000 or up to $1,000 per day the criminal nuisance exists, and expands court remedies to include temporary receivers, license revocations, and property closures for up to one year
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Nuisance Abatement.
Last Action
Signed by Governor
8/3/2011