Establishes the offense of permitting a public nuisance

SECOND REGULAR SESSION
HOUSE BILL NO. 3017
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE IR WIN.
6780H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 577, RSMo, by adding thereto one new section relating to the of fense of
permitting a public nuisance, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 577, RSMo, is amended by adding thereto one new section, to be
2 known as section 577.900, to read as follows:
577.900. 1. A person commits the offense of permitting a public nuisance if he or
2 she knowingly permits, allows, or fails to pr event any illegal activity occurring on a
3 pr operty the person owns, rent s, occupies, or contro ls.
4 2. The offense of permitting a public nuisance is a class E felony .
5 3. For purposes of this section, "illegal activity" includes:
6 (1) Peace disturbances arising fro m noise complaints, loud or disorderly parties,
7 or other conduct constituting a disturbance of the peace under Missouri law;
8 (2) The underage consumption of alcohol;
9 (3) The unlawful sale, distribution, or pr ovision of alcoholic beverages;
10 (4) Acts of violence including, but not limited to, assault, domestic assault, or
11 other offenses against persons under chapter 565;
12 (5) W eapons offenses, including unlawful possession, discharge, or use of
13 fir earms or other weapons; or
14 (6) Any other criminal acts against persons occurring on the premis es.
15 4. (1) After thr ee documented complaints to law enforc ement or independent
16 observations by law enforcem ent of one or mor e illegal activities listed in subsection 3 of
17 this section on the same prop erty within a twelve‑month period, the person who owns,
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 r ents, occupies, or contr ols the pr operty shall be subject to arres t for permitting a public
19 nuisance, pr ovided that:
20 (a) Each call for service is documented by a res ponding law enforcem ent agency;
21 (b) The res ponding law enforcem ent officer identifies and r ecords the illegal
22 activity observed; and
23 (c) The individual to be charged had ownership, control, or occupancy of the
24 pr operty at the time the illegal activity occurr ed.
25 (2) Nothing in this subsection shall pro hibit law enforcem ent fro m taking
26 enfor cement action prior to the third documented call for service if otherwise
27 authorized by law .
28 5. (1) If no lawful owner , occupant, or res ponsible party can be established after
29 r easonable inquiry or it is determined that the owner of re cord is deceased and no
30 r esponsible party has assumed control of the pro perty , the governmental authority with
31 jurisdiction shall be authorized to secur e, board, or otherwise res trict entry to the
32 structur e to protect public safety and pr event continued nuisance activity .
33 (2) Once secured , any person found on or within the prop erty without lawful
34 authority shall be subject to arr est for tr espass under applicable municipal or state law .
35 6. Nothing in this section pr ohibits a pr osecuting attorney fr om charging a
36 person under this section and under section 579.105.
✔
HB 3017 2