Virginia SB 451: Local government; authority to require abatement of criminal blight on real property.

Bill Text

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2018 SESSION

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18101378D

SENATE BILL NO. 451 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact �� 15.2-907 and 36-105 of the Code 
 of Virginia, relating to localities; authority to require abatement of criminal 
 blight on real property. 
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Patrons-- Dance and McClellan 

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Referred to Committee on Local Government 

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Be it enacted by the General Assembly of Virginia:

1. That �� 15.2-907 and 36-105 of the Code of Virginia are 
 amended and reenacted as follows:

� 15.2-907. Authority to require removal, repair, etc., of 
 buildings and other structures harboring illegal drug use or other criminal 
 activity.

A. As used in this section:

"Affidavit" means the affidavit 
 sworn to under oath prepared by a locality in accordance 
 with subdivision B 1 a hereof.

"Commercial 
 Sex Acts" means any specific activities that would constitute a criminal 
 act under Article 3 (� 18.2-344 et seq.) of Chapter 8 of Title 18.2 or a 
 substantially similar local ordinance if a criminal charge were to be filed 
 against the individual perpetrator of such criminal activity.

"Controlled substance" means illegally obtained 
 controlled substances or marijuana, as defined in � 54.1-3401.

"Corrective action" means the 
 (i) taking which of 
 steps specific actions 
 with respect to the buildings or structures on property that 
 are reasonably expected to be effective to 
 abate drug criminal 
 blight on such real 
 property, such as including the removal, 
 repair, or securing of any building, 
 wall, or other structure, or 
 (ii) changing specific policies, practices, 
 and procedures of the real 
 property owner that are reasonably 
 expected to abate criminal blight on real property. A 
 local law-enforcement 
 official shall prepare an affidavit on behalf of the 
 locality that states specific actions to be taken 
 on the part of the property owner that the locality determines are necessary to 
 abate the identified criminal blight on such real property and that 
 do not impose an undue financial 
 burden on the owner.

"Drug Criminal blight" 
 means a condition existing on real property which tends 
 to endanger that endangers 
 the public health or safety of residents of a locality and is caused by (i) the regular presence on 
 the property of persons under the influence of 
 controlled substances or; (ii) the 
 regular use of the property for the purpose of illegally possessing, 
 manufacturing, or distributing controlled 
 substances; or 
 (iii) the regular use of the property for the purpose of engaging in commercial 
 sex acts. 

"Law-enforcement 
 official" means an official designated to enforce criminal 
 laws, including commercial sex acts, within a locality, or an agent of 
 such law-enforcemen