Substantial Drug Related Activity Upon Real Property; Knowledge of Owner; Remedies Cumulative

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  2. Georgia Code
  3. Nuisances
  4. Places Used for Unlawful Sexual and Drug Activities
  5. Substantial Drug Related Activity Upon Real Property; Knowledge of Owner; Remedies Cumulative

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  1. As used in this Code section, the term:
    1. "Drug related charges" means a violation of Code Section 16-13-30 when:
      1. Returned in an indictment by a grand jury; or
      2. Filed as an accusation by a prosecuting attorney that results in a conviction, a plea of guilty under any first offender statute or conditional discharge pursuant to Code Section 16-13-2, a plea of nolo contendere, adjudication in an accountability court, or a dismissal as a result of successful completion of a pretrial diversion program.
    2. "Substantial drug related activity" means activity resulting in six or more unrelated incidents resulting in drug related charges involving violations occurring within a 24 month period on the same parcel of real property.
  2. Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter.
  3. Prima-facie evidence of the nuisance and the existence thereof is established when the prosecuting attorney of the county in which the property is located notifies the owner in writing of three or more unrelated incidents occurring within a 24 month period which result in drug related charges and, after the receipt of such notice and within 24 months of the first of the incidents resulting in a drug related charge which is the subject of such notice, three or more additional unrelated incidents occur which result in drug related charges.
  4. Any such drug related charges which result directly from cooperation between the property owner or his or her agent and a law enforcement agency shall not be considered as evidence of a nuisance under this Code section.
  5. The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for drug related nuisances.

(Code 1981, §41-3-1.1, enacted by Ga. L. 1996, p. 666, § 1; Ga. L. 1999, p. 467, § 2; Ga. L. 2019, p. 74, § 1-10/SB 158.)

The 2019 amendment, effective July 1, 2019, rewrote subsection (a), which read: "(a) As used in this Code section, the term:

"(1) 'Drug related indictment' means an indictment by a grand jury for an offense involving violation of Code Section 16-13-30; provided, however, that any such indictments which result directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment for purposes of this Code section.

"(2) 'Substantial drug related activity' means activity resulting in six or more separate incidents resulting in drug related indictments involving violations occurring within a 12 month period on the same parcel of real property."; in subsection (c), substituted "Prima-facie evidence of the nuisance and the existence thereof is established when the prosecuting attorney" for "The owner of real property shall be deemed to have actual knowledge of substantial drug related activity occurring on a parcel of real property if the district attorney" at the beginning; substituted "unrelated incidents occurring" for "separate incidents" near the middle; twice substituted "24" for "12"; substituted "charges" for "indictments" in the middle and at the end; substituted "charge which is the subject of such notice, three or more additional unrelated incidents" for "indictment which are the subject of such notice, three or more separate incidents" near the end; added subsection (d); and redesignated former subsection (d) as present subsection (e). See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Anti-Human Trafficking Protective Response Act.'"

Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction."


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