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                                                       PRINTER'S NO. 372

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 337 Session of 2007


        INTRODUCED BY BROWNE, BOSCOLA, RAFFERTY, COSTA AND WOZNIAK,
           MARCH 12, 2007

        REFERRED TO JUDICIARY, MARCH 12, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     drug nuisances; providing for drug nuisance abatement; and
     4     prescribing penalties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Subchapter H of Chapter 83 of Title 42 of the
     8  Pennsylvania Consolidated Statutes is repealed:
     9                           [SUBCHAPTER H
    10                           DRUG NUISANCES
    11  Sec.
    12  8381.  Short title of subchapter.
    13  8382.  Definitions.
    14  8383.  Action to abate.
    15  8384.  Complaint.
    16  8385.  Service of original process.
    17  8386.  Preliminary injunction.
    18  8387.  Protection of witnesses.


     1  8388.  Security.
     2  8389.  Judgment and remedies.
     3  8390.  Violation of injunctions or abatement order.
     4  8391.  Release and cancellation.
     5  8392.  Severability.
     6  § 8381.  Short title of subchapter.
     7     This subchapter shall be known and may be cited as the Drug
     8  Nuisance Law.
     9  § 8382.  Definitions.
    10     The following words and phrases when used in this subchapter
    11  shall have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Community-based organization."  Any group affiliated with or
    14  organized for the benefit of one or more communities or
    15  neighborhoods, or any group organized to benefit the quality of
    16  life in a residential area.
    17     "Controlled substance act."  The act of April 14, 1972
    18  (P.L.233, No.64), known as The Controlled Substance, Drug,
    19  Device and Cosmetic Act.
    20     "Drug-related nuisance."  The use of any property, in whole
    21  or in part, which facilitates or is intended to facilitate any
    22  violation of the act of April 14, 1972 (P.L.233, No.64), known
    23  as The Controlled Substance, Drug, Device and Cosmetic Act, or
    24  similar act of the United States or any other state.
    25     "Manufacture" or "manufacturing."  The production,
    26  preparation, propagation, compounding, conversion or processing
    27  of a controlled substance, other drug or device or the packaging
    28  or repackaging of such substance or article, or the labeling or
    29  relabeling of the commercial container of such substance or
    30  article, but does not include the activities of a practitioner
    20070S0337B0372                  - 2 -     

     1  who, as an incident to his administration or dispensing such
     2  substance or article in the course of his professional practice,
     3  prepares, compounds, packages or labels such substance or
     4  article. The term "manufacturer" means a person who manufactures
     5  a controlled substance, other drug or device.
     6     "Owner."  An individual, corporation, partnership, trust
     7  association, joint venture or any other business entity in whom
     8  is vested all or any part of the title to the property alleged
     9  to be a drug-related nuisance.
    10     "Property."  Any tangible or intangible property, including
    11  an interest in any leasehold, license or real estate, such as
    12  any house, apartment building, condominium, cooperative, office
    13  building, store, restaurant, tavern, nightclub or warehouse, and
    14  the land extending to the boundaries of the lot upon which the
    15  structure is situated and anything growing on, affixed or found
    16  on the land.
    17     "Tenant."  A person who resides in or occupies real property
    18  belonging to another person pursuant to a lease agreement or
    19  common law tenancy.
    20  § 8383.  Action to abate.
    21     Wherever there is reason to believe that a drug-related
    22  nuisance exists, the district attorney, the Attorney General, if
    23  requested by a district attorney, the solicitor for the county
    24  or municipality, a resident within 1,000 feet of the property,
    25  including a tenant of the property, the owner of property or any
    26  community-based organization may file an action in the court of
    27  common pleas to abate, enjoin and prevent the drug-related
    28  nuisance. Such actions shall be commenced by the filing of a
    29  complaint alleging the facts constituting the drug-related
    30  nuisance.
    20070S0337B0372                  - 3 -     

     1  § 8384.  Complaint.
     2     (a)  Adverse impact.--The complaint or an affidavit attached
     3  thereto shall describe the adverse impact associated with the
     4  drug nuisance upon the surrounding neighborhood. Adverse impact
     5  includes, without limitation, the presence of any one or more of
     6  the following conditions:
     7         (1)  Diminished property value.
     8         (2)  Increased fear of residents to walk through and in
     9     public areas, including sidewalks and streets, increased
    10     volume of vehicular and pedestrian traffic to and from the
    11     property.
    12         (3)  An increase in the number of ambulance or police
    13     calls to the property which are related to the use of drugs
    14     or to violence stemming from illegal activity.
    15         (4)  Increased noise, bothersome solicitors or approaches
    16     by persons wishing to sell drugs or solicit the donation of
    17     money on or near the property.
    18         (5)  The display of dangerous weapons on or near the
    19     property.
    20         (6)  The discharge of firearms on or near the property.
    21         (7)  Search warrants served on tenants or occupants of
    22     the property which resulted in the seizure of drugs.
    23         (8)  Investigative purchases of drugs on or near the
    24     property by law enforcement officers.
    25         (9)  Arrests of person on or near the property for
    26     violation of criminal laws.
    27         (10)  Housing code violations relating to the property.
    28         (11)  Health code violations relating to the property.
    29         (12)  Accumulated trash and refuse in common areas on or
    30     adjacent to the property.
    20070S0337B0372                  - 4 -     

     1         (13)  An unsecured entryway on the property.
     2     (b)  Attempts to notify owner.--The complaint shall contain a
     3  description of what attempts, if any, have been made by the
     4  plaintiff or any other person or entity to notify the owner of
     5  the property of the drug-related nuisance or resulting adverse
     6  impact.
     7  § 8385.  Service of original process.
     8     (a)  General rule.--A copy of the summons and complaint shall
     9  be served upon the defendant at least five business days prior
    10  to the first hearing in the action. Service of original process
    11  shall be made in accordance with the Pennsylvania Rules of Civil
    12  Procedure.
    13     (b)  Posting at property.--If personal service cannot be
    14  made, service may be made by posting the papers at the property.
    15  If service is made by posting at the property, a copy of the
    16  summons and complaint shall be mailed registered mail to the
    17  last known mail address, if any, of the defendant. Actual
    18  receipt of the registered mail shall not be required for
    19  service.
    20  § 8386.  Preliminary injunction.
    21     Upon the filing of a motion for preliminary injunction to
    22  abate the drug-related nuisance, the plaintiff shall be entitled
    23  to a hearing on the motion for preliminary injunction within 10
    24  business days of the filing. If it shall be made to appear, by
    25  affidavit or otherwise, that there is a substantial likelihood
    26  that the plaintiff will show at trial, by a preponderance of the
    27  evidence, that drug-related nuisance exists, the court shall
    28  enter an order preliminarily enjoining the drug-related nuisance
    29  and granting such other relief as the court may deem to be
    30  appropriate, including those remedies provided for in section
    20070S0337B0372                  - 5 -     

     1  8389 (relating to judgment and remedies). Whenever possible, the
     2  court shall order the trial of the action on the merits advanced
     3  and consolidated with the hearing of the motion. This section
     4  shall not be construed to prohibit the application for or the
     5  granting of a temporary restraining order.
     6  § 8387.  Protection of witnesses.
     7     At the time of an application for the issuance of a
     8  restraining order or an injunction if proof of the existence of
     9  the drug-related nuisance depends, in whole or part, upon the
    10  affidavits of witnesses who are not law enforcement officers,
    11  upon a showing of prior threats of violence or acts of violence
    12  by any defendant or other person alleged to be involved in the
    13  drug-related nuisance, the court may issue orders to protect
    14  those witnesses, providing for nondisclosure of the name,
    15  address or any other identifying information pertaining to the
    16  witnesses, and such other and further relief as the court may
    17  deem appropriate.
    18  § 8388.  Security.
    19     No bond shall be required to issue a preliminary injunction
    20  or special injunction sought by the district attorney or the
    21  solicitor for the county or municipality. A bond in an amount
    22  fixed and with security approved by the court may be required to
    23  issue a preliminary injunction or special injunction when the
    24  plaintiff is not the district attorney, the Attorney General or
    25  a solicitor for the county or municipality. Where such relief is
    26  issued after an evidentiary hearing at which witnesses are
    27  subject to cross examination, the court shall not require a bond
    28  in excess of $500.
    29  § 8389.  Judgment and remedies.
    30     (a)  Burden of proof.--The plaintiff must establish that a
    20070S0337B0372                  - 6 -     

     1  drug-related nuisance exists by a preponderance of the evidence.
     2     (b)  Relief.--If the existence of a drug-related nuisance is
     3  found, the judgment may include actual damages and a temporary
     4  or permanent injunction to restrain, abate and prevent the
     5  continuance or recurrence of the drug-related nuisance. The
     6  court may grant declaratory relief, mandatory orders or any
     7  other relief deemed necessary to accomplish the purposes of the
     8  injunction or order and enforce the same, and the court may
     9  retain jurisdiction of the case for the purpose of enforcing its
    10  orders.
    11     (c)  Additional remedies.--If the existence of a drug-related
    12  nuisance is found, the court shall have the power additionally
    13  to fashion any one or more of the following remedies:
    14         (1)  Assess costs of the action against the defendant.
    15         (2)  When a governmental agency is a plaintiff in the
    16     action, assess a civil penalty against the defendant of not
    17     less than $500 nor more than $10,000.
    18         (3)  Order the owner to clean up the property and make
    19     repairs upon the property.
    20         (4)  Suspend or revoke any business, professional,
    21     operational or liquor license.
    22         (5)  Order the owner to make additional reasonable
    23     expenditures upon the property, including, but not limited
    24     to, installing secure locks on doors, increasing lighting in
    25     common areas and using videotaped surveillance of the
    26     property and adjacent alleyways, sidewalks and parking lots.
    27         (6)  Order all rental income from the property to be
    28     placed in an escrow account with the court for up to 90 days
    29     or until the drug-related nuisance is abated.
    30         (7)  Order all rental income for the property transferred
    20070S0337B0372                  - 7 -     

     1     to a trustee, to be appointed by the court, who shall be
     2     empowered to use the rental income to make reasonable
     3     expenditures upon the property in order to abate the drug-
     4     related nuisance.
     5         (8)  Order the suspension of any State, city or local
     6     governmental subsidies payable to the owners of the property,
     7     such as tenant assistance payments to landlords, until the
     8     nuisance is abated.
     9         (9)  Allow the plaintiff to seal the property with the
    10     cost of sealing payable by the defendant.
    11         (10)  Order the defendant to pay the plaintiff the cost
    12     of the suit, including reasonable attorney fees.
    13     (d)  Factors to consider.--In making an order under
    14  subsection (c), the court shall consider, among others, the
    15  following factors:
    16         (1)  The number of people residing at the property.
    17         (2)  The proximity of the property to other residential
    18     structures.
    19         (3)  The number of times the property has been cited for
    20     housing code or health code violations.
    21         (4)  The number of times the owner has been notified of
    22     drug-related problems at the property.
    23         (5)  The extent and duration of the drug-related nuisance
    24     at the time of the order.
    25         (6)  Prior efforts or lack of effort by the defendant to
    26     abate the drug-related nuisance.
    27         (7)  The availability of alternative housing for tenants
    28     of the building.
    29         (8)  The extent of concern about the drug-related
    30     nuisance that has been expressed by nearby residents or
    20070S0337B0372                  - 8 -     

     1     visitors to the area.
     2         (9)  The owner's involvement in the drug-related
     3     nuisance.
     4         (10)  The owner's involvement in other drug-related
     5     nuisances.
     6  § 8390.  Violation of injunctions or abatement order.
     7     (a)  Contempt.--A violation of any court order issued under
     8  this subchapter is punishable as a contempt of court by a fine
     9  of not less than $500 nor more than $75,000. The court may order
    10  the sheriff or other proper officer of any county to take into
    11  custody and commit to jail any person fined for a contempt until
    12  the fine shall be paid or discharged. If unable to pay the fine,
    13  the person may be committed to jail by the court for not more
    14  than three months. Evidence concerning the duration and
    15  repetitive nature of the violations shall be considered by the
    16  court in determining the contempt penalties.
    17     (b)  Additional orders.--In addition, upon finding that a
    18  defendant has willfully violated a court order issued under this
    19  subchapter, the court shall be also empowered to issue any
    20  additional orders necessary to abate this drug-related nuisance.
    21  § 8391.  Release and cancellation.
    22     (a)  No knowledge and abatement.--The court may suspend the
    23  effectiveness of an order of abatement for no more than 90 days
    24  if the owner of the property establishes that he had no
    25  knowledge of the drug-related nuisance and could not reasonably
    26  be expected to have such knowledge and the owner avers that he
    27  will immediately undertake specified measures to abate the
    28  nuisance and prevent it from being a drug-related nuisance for
    29  the following two-year period.
    30     (b)  Fines and bond.--The courts shall cancel the order of
    20070S0337B0372                  - 9 -     

     1  abatement if the owner of the property pays all fines and liens
     2  against the property, satisfies the court that the drug-related
     3  nuisance has been abated for the past 90 days, corrects all
     4  housing code and health code violations and posts a bond in an
     5  amount to be determined by the court, which will be immediately
     6  forfeitable if the drug-related nuisance recurs during the
     7  following one-year period.
     8  § 8392.  Severability.
     9     If any provision of this subchapter or its application to any
    10  person or circumstance is held invalid or unenforceable, the
    11  remainder of this subchapter or the application of the provision
    12  to other persons or circumstances shall not be affected.]
    13     Section 2.  Chapter 83 of Title 42 is amended by adding a
    14  subchapter to read:
    15                            SUBCHAPTER H
    16                      DRUG NUISANCE ABATEMENT
    17  Sec.
    18  8381.  Scope of subchapter.
    19  8382.  Definitions.
    20  8383.  Nature of actions and jurisdiction.
    21  8384.  Standard of proof.
    22  8385.  Parties.
    23  8386.  Notice to interested parties.
    24  8387.  Substitution of plaintiff.
    25  8388.  Continuances.
    26  8389.  Issuance of preliminary orders.
    27  8390.  Enforcement of preliminary orders.
    28  8391.  Notification and provision of treatment resources.
    29  8392.  Premises involving multiple residences or businesses.
    30  8393.  Vacating or modifying closing order.
    20070S0337B0372                 - 10 -     

     1  8394.  Permanent injunction and other relief.
     2  8395.  Closure.
     3  8396.  Penalties.
     4  8397.  Settlements.
     5  8398.  Recovery of costs.
     6  8399.  Liens.
     7  8399.1.  Contempt.
     8  8399.2.  Release of premises upon inspection or repair.
     9  8399.3.  Cumulative remedies.
    10  8399.4.  Admissibility of evidence.
    11  8399.5.  Relationship to criminal proceedings.
    12  8399.6.  Liability for damage to closed properties.
    13  8399.7.  Civil immunity.
    14  8399.8.  Civil action.
    15  8399.9.  Use of property for treatment and other purposes.
    16  § 8381.  Scope of subchapter.
    17     This subchapter relates to drug nuisance abatement.
    18  § 8382.  Definitions.
    19     The following words and phrases when used in this subchapter
    20  shall have the meanings given to them in this section unless the
    21  context clearly indicates otherwise:
    22     "Controlled substance."   The term shall have the same
    23  meaning as the term is used in the act of April 14, 1972
    24  (P.L.233, No.64), known as The Controlled Substance, Drug,
    25  Device and Cosmetic Act.
    26     "Distribution."  The term shall have the same meaning as the
    27  term is used in the act of April 14, 1972 (P.L.233, No.64),
    28  known as The Controlled Substance, Drug, Device and Cosmetic
    29  Act.
    30     "Drug distribution event."  The unlawful manufacture,
    20070S0337B0372                 - 11 -     

     1  distribution, sale or possession with intent to distribute, sell
     2  or deliver a controlled substance or an unlawful attempt or
     3  conspiracy to commit such an act.
     4     "Drug nuisance."
     5         (1)  a site which was used or is being used in
     6     furtherance of or to promote or facilitate the commission of
     7     a drug distribution event; or
     8         (2)  two or more persons who, on two or more separate
     9     occasions within one year prior to the commencement of a
    10     civil action under this subchapter, did not reside in or upon
    11     a site gathered for the principal purpose of unlawfully
    12     investigating, injecting, inhaling or otherwise using a
    13     controlled substance, regardless of whether a controlled
    14     substance was unlawfully distributed or purchased at the
    15     location.
    16     "Expedited Eviction of Drug Traffickers Act."  The act of
    17  October 11, 1995 (1st Sp.Sess., P.L.1066, No.23), known as the
    18  Expedited Eviction of Drug Traffickers Act.
    19     "Manufacture."  The term shall have the same meaning as the
    20  term is used in the act of April 14, 1972 (P.L.233, No.64),
    21  known as The Controlled Substance, Drug, Device and Cosmetic
    22  Act.
    23     "Neighborhood or community organization."  A group, whether
    24  or not incorporated, which consists of persons who reside or
    25  work at or in a building, complex of buildings, street, block or
    26  neighborhood, any part of which is located on or within 1,000
    27  feet of premises alleged to be a drug nuisance, which has the
    28  purpose of benefiting the quality of life in its neighborhood or
    29  community, including treatment programs.
    30     "Owner."  A person in whom is vested the ownership and title
    20070S0337B0372                 - 12 -     

     1  of property and who is the owner of record. The term shall
     2  include a Federal, State, city or local government entity.
     3     "Person."  A natural person, corporation, association,
     4  partnership, trustee, lessee, agent, assignee, enterprise,
     5  governmental entity, and any other legal entity or group of
     6  individuals associated in fact which is capable of holding a
     7  legal or beneficial interest in property.
     8     "Possession with intent to sell or distribute."  The term
     9  shall have the same meaning as the term is used in the act of
    10  April 14, 1972 (P.L.233, No.64), known as The Controlled
    11  Substance, Drug, Device and Cosmetic Act.
    12     "Sale."  The term shall have the same meaning as the term is
    13  used in the act of April 14, 1972 (P.L.233, No.64), known as The
    14  Controlled Substance, Drug, Device and Cosmetic Act.
    15  § 8383.  Nature of actions and jurisdiction.
    16     The causes of action established in this subchapter are civil
    17  actions to enjoin the commission of drug distribution events, to
    18  close down and physically secure premises or portions thereof
    19  which constitute drug nuisances and otherwise abate such drug
    20  nuisances and to impose civil penalties. These actions shall be
    21  brought in the court of common pleas, which shall have
    22  jurisdiction to issue temporary, preliminary or permanent
    23  injunctive or other equitable relief, regardless of whether an
    24  adequate remedy exists at law.
    25  § 8384.  Standard of proof.
    26     Except as may otherwise be expressly provided, civil causes
    27  of action established in this subchapter shall be proven by a
    28  preponderance of the evidence.
    29  § 8385.  Parties.
    30     (a)  Who may bring actions.--A civil action for temporary,
    20070S0337B0372                 - 13 -     

     1  preliminary or permanent injunctive relief or penalties under
     2  this subchapter may be brought by:
     3         (1)  the solicitor for a State, county or municipal
     4     governing body which has jurisdiction over the location at
     5     which an alleged drug nuisance exists;
     6         (2)  the Attorney General and the district attorney
     7     having jurisdiction where the alleged drug nuisance exists;
     8         (3)  a neighborhood or community organization; or
     9         (4)  a person who resides, is employed full-time or part-
    10     time at the site of business or owns or operates a business
    11     on or within 1,000 feet of an alleged drug nuisance.
    12     (b)  Defendants to the action.--
    13         (1)  A civil action under this subchapter shall be
    14     brought against the owner of, and may also be brought against
    15     a person within the jurisdiction of the court who is a
    16     landlord, tenant, manager, operator or supervisor of,
    17     premises alleged to be a drug nuisance.
    18         (2)  The court shall have in rem jurisdiction over the
    19     premises alleged to be a drug nuisance.
    20         (3)  The complaint initiating a civil action under this
    21     subchapter shall name as a defendant the premises involved,
    22     describing it by block, lot number and street address or by
    23     such other means as are appropriate under the circumstances.
    24     (c)  Protections against frivolous actions and sanctions for
    25  unfounded or unwarranted pleadings, motions or other actions.--
    26         (1)  In any action brought under this subchapter, every
    27     pleading, motion and other document shall be signed by at
    28     least one attorney of record in the attorney's own name, and
    29     the attorney's address shall be stated. The signature of an
    30     attorney constitutes a certification that the signer has read
    20070S0337B0372                 - 14 -     

     1     the pleading, motion or other paper; that to the best of the
     2     signer's knowledge, information and belief, formed after
     3     reasonable inquiry, it is well grounded in fact and is
     4     warranted under existing law, or a good faith argument for
     5     the extension, modification or reversal of existing law; and
     6     that it is not interposed for any improper purpose, such as
     7     to harass or to cause unnecessary delay or needless increase
     8     in the cost of litigation.
     9         (2)  If a pleading, motion or other document is not
    10     signed, it shall be stricken unless it is signed promptly
    11     after the omission is called to the attention of the pleader
    12     or movant.
    13         (3)  If a pleading, motion or other document is signed in
    14     violation of this subchapter, the court, upon motion or upon
    15     its own initiative, shall impose upon the person who signed
    16     it or a represented party, or both, an appropriate sanction,
    17     which may include an order to pay to the other party or
    18     parties the amount of the reasonable expenses incurred
    19     because of the filing of the pleading, motion or other
    20     document, including a reasonable attorney fee.
    21     (d)  No bond or security required.--No person or entity shall
    22  be required to post a bond or security as a condition of
    23  initiating or prosecuting an action brought under this
    24  subchapter.
    25     (e)  Ready availability of ownership information to potential
    26  plaintiffs.--A person or entity that, upon an oath in writing,
    27  states the affiant is preparing to initiate an action under this
    28  subchapter may request that the recorder of deeds promptly
    29  provide the name and address of all owners of the premises as
    30  reflected upon the current county records, without charge.
    20070S0337B0372                 - 15 -     

     1     (f)  Presumption of ownership.--The person in whose name the
     2  premises involved are recorded in the county recorder of deeds
     3  office shall be presumed to be the owner.
     4     (g)  Presumption of agency.--Whenever there is evidence that
     5  a person was the manager, operator or supervisor or was in any
     6  other way in charge of the premises involved at the time conduct
     7  constituting the drug nuisance is alleged to have been
     8  committed, the evidence shall be rebuttably presumptive that the
     9  person was an agent or employee of the owner, landlord or lessee
    10  of the premises.
    11  § 8386.  Notice to interested parties.
    12     (a)  Notice to defendants.--
    13         (1)  A complaint initiating an action under this
    14     subchapter shall be personally served and notice to all in
    15     personam defendants shall be provided in the same manner as
    16     service of complaints in civil actions. After filing an
    17     affidavit that personal service cannot be had after due
    18     diligence on one or more in personam defendants within 20
    19     days after the filing of the complaint, the plaintiff may:
    20             (i)  Cause a copy of the complaint to be mailed to
    21         the defendant by certified mail, restricted delivery,
    22         return receipt to the clerk of court requested.
    23             (ii)  Cause a copy of the complaint to be affixed
    24         conspicuously to the premises alleged to be a drug
    25         nuisance.
    26         (2)  Service shall be deemed completed five days after
    27     filing with the court proof of the mailing and an affidavit
    28     that a copy of the complaint has been affixed to the
    29     premises.
    30     (b)  Notice to affected tenants, residents and guests.--All
    20070S0337B0372                 - 16 -     

     1  tenants or residents of any premises used in whole or in part as
     2  a business, home, residence or dwelling, other than transient
     3  guests of a guest house, hotel or motel, who may be affected by
     4  any order issued under this subchapter shall be provided such
     5  reasonable notice as shall be ordered by the court and shall be
     6  afforded opportunity to be heard at all hearings.
     7     (c)  Lis pendens.--Notice of lis pendens shall be filed
     8  concurrently with the commencement of the action in the same
     9  manner as is generally provided for by law or court rule.
    10  § 8387.  Substitution of plaintiff.
    11     When a court determines in its discretion that the plaintiff
    12  bringing an action under this subchapter has failed to prosecute
    13  the matter with reasonable diligence, the court may substitute
    14  as plaintiff a person or entity that consents thereto, provided
    15  that the person or entity would have been authorized under this
    16  subchapter to initiate the action.
    17  § 8388.  Continuances.
    18     (a)  General policy.--An action for injunctive relief or
    19  civil penalties brought under this subchapter shall be heard by
    20  the court on an expedited and priority basis.
    21     (b)  Continuances.--The court may not grant a continuance
    22  except for extraordinary and compelling reasons or on the
    23  application of a criminal prosecuting agency for good cause
    24  shown.
    25     (c)  Stay pending criminal proceedings.--The court may not
    26  stay the civil proceedings pending the disposition of any
    27  related criminal proceeding except for extraordinary and
    28  compelling reasons or except upon the application of a criminal
    29  prosecuting agency for good cause shown.
    30     (d)  Dismissal of actions for want of prosecution.--
    20070S0337B0372                 - 17 -     

     1         (1)  The court may not dismiss an action brought under
     2     this subchapter for want of prosecution unless the court is
     3     clearly convinced that the interests of justice require
     4     dismissal.
     5         (2)  In that event and upon such a finding, the dismissal
     6     shall be without prejudice to the right of the plaintiff or
     7     any other person or entity authorized to bring an action
     8     under this subchapter to reinstitute the action.
     9  § 8389.  Issuance of preliminary orders.
    10     (a)  General rule.--A person or entity authorized to bring a
    11  civil action for injunctive relief under this subchapter may
    12  file a complaint seeking preliminary injunctive relief by
    13  alleging that the premises constitute a drug nuisance. Upon
    14  receipt of the complaint, the court shall order a preliminary
    15  hearing which shall not be later than 30 days from the date of
    16  the order. Service shall be made upon the owners of the premises
    17  under section 8386(a) (relating to notice to interested parties)
    18  not less than five days prior to the hearing. In the event that
    19  service cannot be completed in time to give the owners the
    20  minimum notice required under this subchapter, the court may set
    21  a new hearing date.
    22     (b)  Preliminary closing order.--
    23         (1)  If the court finds it a substantial likelihood that
    24     the plaintiff by a preponderance of the evidence will be able
    25     to establish at trial:
    26             (i)  that the premises constitute a drug nuisance;
    27             (ii)  that, at least 30 days prior to the filing of
    28         the complaint seeking preliminary injunctive relief, the
    29         owner or the owner's agent had been notified by certified
    30         mail of the drug nuisance; and
    20070S0337B0372                 - 18 -     

     1             (iii)  that the public health, safety or welfare
     2         immediately requires a preliminary closing order,
     3     the court shall issue an order to close the premises involved
     4     or the portions appropriate under the circumstances.
     5         (2)  The order shall direct actions necessary to
     6     physically secure the premises, or appropriate portions
     7     thereof, against use for any purpose. The preliminary closing
     8     order shall also restrain the defendant and all persons from
     9     removing or in any manner interfering with the furniture,
    10     fixtures and movable or personal property located on or
    11     within the premises constituting the drug nuisance.
    12     (c)  Other preliminary relief.--
    13         (1)  If the court finds that the premises constitute a
    14     drug nuisance but that immediate closing of the premises is
    15     not required under subsection (b), the court may enjoin the
    16     drug nuisance and issue an order restraining the defendants
    17     and all other persons conducting, maintaining, aiding,
    18     abetting or permitting drug distribution events constituting
    19     the drug nuisance.
    20         (2)  The court may not require a plaintiff to show that
    21     the plaintiff has no adequate remedy at law or will suffer
    22     irreparable harm nor any other common law element applicable
    23     to a preliminary injunction to obtain a preliminary closing
    24     order.
    25         (3)  The court may issue an order appointing a temporary
    26     receiver to manage or operate the premises. A temporary
    27     receiver shall have the powers and duties specifically
    28     authorized under section 8394(6) (relating to permanent
    29     injunction and other relief).
    30     (d)  Admissible evidence.--In determining whether the public
    20070S0337B0372                 - 19 -     

     1  health, safety or welfare immediately requires a preliminary
     2  closing order, the court shall consider any relevant evidence
     3  presented concerning attendant circumstances, including, but not
     4  limited to:
     5         (1)  whether the alleged drug distribution events or
     6     related activities involve the use of threat of violence at
     7     or near the site alleged to be a drug nuisance;
     8         (2)  whether the alleged drug distribution events in any
     9     way involve distribution or sale of a controlled substance by
    10     or to a juvenile; or
    11         (3)  whether the site alleged to be a drug nuisance is
    12     located within a drug-free zone under 18 Pa.C.S. § 6314
    13     (relating to sentencing and penalties for trafficking drugs
    14     to minors).
    15  § 8390.  Enforcement of preliminary orders.
    16     (a)  Entities enforcing orders.--Upon order of the court,
    17  preliminary restraining and closing orders shall be enforced by
    18  the sheriff, local police department, or, if no local police are
    19  available, by the Pennsylvania State Police.
    20     (b)  Inventory of personal property.--The officers serving a
    21  temporary closing or temporary restraining order shall file with
    22  the court an inventory of the personal property situated in or
    23  on the premises closed and shall be allowed to enter the
    24  premises to make the inventory. The inventory shall provide an
    25  accurate representation of the personal property subject to the
    26  inventory, including, but not limited to, photographing of
    27  furniture, fixtures and other personal or movable property.
    28     (c)  Vacation of premises.--The officers serving a
    29  preliminary closing order shall, upon service of the order,
    30  demand all persons present in the premises closed to vacate the
    20070S0337B0372                 - 20 -     

     1  premises, or portion thereof, unless the court orders otherwise.
     2  The premises or portion thereof shall be securely locked and all
     3  keys shall be held by the agency closing the premises.
     4     (d)  Posting of court order.--
     5         (1)  Upon service of a preliminary closing order or a
     6     preliminary restraining order, the officer shall post a copy
     7     of the order in a conspicuous place or upon one or more of
     8     the principal doors at entrances of the premises.
     9         (2)  Where a preliminary closing order has been granted,
    10     the officers shall affix, in a conspicuous place or upon one
    11     or more of the principal entrances of the premises, a printed
    12     notice that the entire premises or a portion thereof has been
    13     closed by court order, which notice shall contain the legend
    14     "Closed by Court Order" in block lettering of sufficient size
    15     to be observed by anyone intending or likely to enter the
    16     premises. The printed notice shall also include the date of
    17     the order, the court which issued the order and the name of
    18     the office or agency posting the notice.
    19         (3)  Where a preliminary restraining order has been
    20     granted, the officer shall affix, in the same manner, a
    21     notice similar to the notice provided for in relation to a
    22     preliminary closing order except that the notice shall state
    23     that certain activity is prohibited by court order and the
    24     removal of furniture, fixtures or other personal or movable
    25     property is prohibited by court order.
    26     (e)  Mutilation or removal of posted court order.--A person
    27  who without lawful authority mutilates or removes an order or
    28  notice posted under the provisions of subsection (d) commits a
    29  misdemeanor of the third degree.
    30     (f)  Violation of court order.--A person who knowingly or
    20070S0337B0372                 - 21 -     

     1  purposely violates a preliminary restraining order or closing
     2  order issued under this subchapter shall be subject to civil
     3  contempt, as well as punishment for criminal contempt, under 18
     4  Pa.C.S. §§ 4955 (relating to violation of orders) and 5101
     5  (relating to obstructing administration of law or other
     6  governmental function).
     7  § 8391.  Notification and provision of treatment resources.
     8     (a)  Notification to persons present.--The officers serving a
     9  preliminary closing order under section 8390(c) (relating to
    10  enforcement of preliminary orders) shall provide outreach
    11  information and referral materials to all residents present on
    12  how to obtain alcohol and other drug treatment.
    13     (b)  Notification to social services agencies.--The court, no
    14  less than ten days prior to the removal of a person under this
    15  subchapter, shall cause notice to be provided to the local
    16  alcohol and other drug agency, the local child welfare agency
    17  and other appropriate social service agencies of the ordered
    18  removal of any persons under this subchapter.
    19     (c)  Posting of notification.--A one-page summary of such
    20  information and materials shall be posted next to any
    21  preliminary restraining order posted under section 8390(d).
    22     (d)  Preparation and dissemination of treatment resource
    23  information.--The Bureau of Drug and Alcohol Programs in the
    24  Department of Health or its designee shall prepare all materials
    25  described in subsections (a) and (b) and shall disseminate them
    26  to all sheriff departments, local police departments or other
    27  appropriate agencies which are empowered to enforce closing
    28  orders under this subchapter.
    29  § 8392.  Premises involving multiple residences or businesses.
    30     (a)  Limiting order to nuisance portion of premises.--Where
    20070S0337B0372                 - 22 -     

     1  the premises constituting the drug nuisance include multiple
     2  residences, dwellings or business establishments, a preliminary
     3  or permanent closing order issued under any provision of this
     4  subchapter shall, so far as is practicable, be limited to that
     5  portion of the entire premises necessary to abate the nuisance
     6  and prevent the recurrence of drug distribution events.
     7     (b)  Duty of certain landlords to displaced innocent
     8  tenants.--
     9         (1)  In addition to any other relief expressly authorized
    10     under this subchapter, the court may order a defendant who
    11     knew or had reason to know of the nuisance to provide
    12     relocation assistance to a tenant ordered to vacate premises
    13     under this subchapter, provided that the court determines
    14     that:
    15             (i)  The tenant was not involved in a drug
    16         distribution event constituting the nuisance.
    17             (ii)  The tenant did not knowingly aid in the
    18         commission of a drug distribution event.
    19         (2)  Relocation assistance shall be in the amount
    20     necessary to cover moving costs, security deposits for
    21     utilities and comparable housing, any lost rent and any other
    22     reasonable expenses the court may deem fair and reasonable as
    23     a result of the court's order to close premises or any
    24     portion thereof under this subchapter.
    25  § 8393.  Vacating or modifying closing order.
    26     (a)  General rule.--The court upon application of a defendant
    27  may, at any time before trial, vacate or modify a closing order,
    28  after notice to the person or entity bringing the action under
    29  this subchapter, if the defendant clearly and convincingly shows
    30  no involvement in the commission of a drug distribution event
    20070S0337B0372                 - 23 -     

     1  constituting the nuisance, and:
     2         (1)  provides a bond or undertaking in an amount equal to
     3     the assessed value, for property tax purposes, of the
     4     premises or portion thereof subject to the closure order or
     5     another amount fixed by the court, and the court determines
     6     that the public safety or welfare will be adequately
     7     protected; or
     8         (2)  establishes by clear and convincing evidence that
     9     the drug nuisance has been satisfactorily abated and will not
    10     recur. In determining whether the drug nuisance has been
    11     satisfactorily abated and will not recur, the court shall
    12     consider the nature, severity and duration of the drug
    13     nuisance and all other relevant factors, including, but not
    14     limited to, the following:
    15             (i)  Whether the defendant through the exercise of
    16         reasonable diligence should have known that drug
    17         distribution events occurred on the premises and whether
    18         the defendant took steps necessary and appropriate in the
    19         circumstances to prevent the commission of the events.
    20             (ii)  Whether the defendant has in good faith
    21         initiated eviction or removal actions under the Expedited
    22         Eviction of Drug Traffickers Act against tenants or other
    23         persons who committed drug distribution events on the
    24         premises involved, immediately upon learning of a factual
    25         basis for initiating eviction or removal action.
    26             (iii)  Whether the defendant has developed an
    27         abatement plan which has been agreed to by the person or
    28         entity bringing the action under this subchapter and
    29         approved by the court. The abatement plan may provide for
    30         the following:
    20070S0337B0372                 - 24 -     

     1                 (A)  Hiring an onsite manager to prevent the
     2             recurrence of drug distribution events.
     3                 (B)  Making capital improvements to the property,
     4             such as security gates.
     5                 (C)  Installing improved interior or exterior
     6             lighting.
     7                 (D)  Employing security guards.
     8                 (E)  Installing electronic security or visual
     9             monitoring systems.
    10                 (F)  Establishing tenant-approved security
    11             procedures.
    12                 (G)  Attending property management training
    13             programs.
    14                 (H)  Making cosmetic improvements to the
    15             property.
    16                 (I)  Providing, at no cost, suitable space and
    17             facilities for a local enforcement agency to
    18             establish a police substation or ministation on or
    19             near the site of the drug nuisance.
    20                 (J)  Establishing any other program or initiative
    21             designed to enhance security and prevent the
    22             recurrence of drug distribution events on or near the
    23             involved premises.
    24     (b)  Forfeiture of bond.--
    25         (1)  Where the court accepts a bond or undertaking under
    26     subsection (a) and conduct constituting a drug nuisance
    27     recurs, the bond or undertaking shall be forfeited unless the
    28     court finds extraordinary and compelling reasons why
    29     forfeiture would not be in the interest of justice.
    30         (2)  Moneys forfeited under this section shall be paid
    20070S0337B0372                 - 25 -     

     1     into the dedicated fund established in section 8396(d)
     2     (relating to penalties).
     3  § 8394.  Permanent injunction and other relief.
     4     (a)  General rule.--If the court after trial finds that
     5  premises are a drug nuisance, the court shall grant permanent
     6  injunctive relief and shall issue orders as are necessary to
     7  abate the drug nuisance and prevent, to the extent reasonably
     8  possible, recurrence of the drug nuisance.
     9     (b)  Contents of order.--The court's order may include, but
    10  need not be limited to, all of the following:
    11         (1)  Directing the sheriff or other appropriate agency to
    12     seize and remove from the premises all material, equipment
    13     and instrumentalities used in the creation and maintenance of
    14     the drug nuisance and directing the sheriff to sell the
    15     property in the manner provided for the sale of personal
    16     property under execution in accordance with the Pennsylvania
    17     Rules of Civil Procedure. The net proceeds of any such sale,
    18     after the deduction of all lawful expenses involved, shall be
    19     paid into the dedicated fund established in section 8396(d)
    20     (relating to penalties).
    21         (2)  Authorizing the plaintiffs to make repairs,
    22     renovations and construction and structural alterations or to
    23     take other actions necessary to bring the premises into
    24     compliance with all applicable housing, building, fire,
    25     zoning, health and safety codes, ordinances, rules,
    26     regulations or statutes. Expenditures may be filed as a lien
    27     against the property.
    28         (3)  Directing the closing of the premises or appropriate
    29     portion thereof to the extent necessary to abate the nuisance
    30     and directing the officer or agency enforcing the closure
    20070S0337B0372                 - 26 -     

     1     order to post a copy of the judgment and a printed notice of
     2     the closing order conforming to the requirements of section
     3     8390(d) (relating to enforcement of preliminary orders). The
     4     closing directed by the judgment shall be for such period of
     5     time as the court may direct but, subject to the provisions
     6     of section 8398 (relating to recovery of costs), shall not be
     7     for a period of more than one year from the posting of the
     8     judgment provided for in this subchapter.
     9         (4)  Suspending or revoking any business, professional,
    10     operational or liquor license.
    11         (5)  Ordering the suspension of any State, city or local
    12     governmental subsidies payable to the owners of the property,
    13     such as tenant assistance payments to landlords, until the
    14     nuisance is satisfactorily abated.
    15         (6)  Appointing a temporary receiver to manage or operate
    16     the premises for such time as the court deems necessary to
    17     abate the nuisance. A receiver appointed under this section
    18     shall be paid a reasonable fee by the owner of the property
    19     as established by the court and shall have such powers and
    20     duties as the court shall direct, including, but not limited
    21     to, the following:
    22             (i)  Collecting, holding and dispersing the proceeds
    23         of rents due from all tenants.
    24             (ii)  Leasing or renting portions of the premises
    25         involved.
    26             (iii)  Making or authorizing other persons to make
    27         necessary repairs to maintain the property.
    28             (iv)  Hiring security or other personnel necessary
    29         for the safe and proper operation of the premises.
    30             (v)  Retaining counsel to prosecute or defend suits
    20070S0337B0372                 - 27 -     

     1         arising from the receiver's management of the premises.
     2             (vi)  Expending funds from the collected rents in
     3         furtherance of the foregoing powers.
     4         (7)  Imposing any or all of the foregoing remedies in
     5     combination.
     6     (c)  Duties of receiver.--A receiver appointed by the court
     7  under this section or section 8389(c) (relating to issuance of
     8  preliminary orders):
     9         (1)  Shall upon entering his duties be sworn and shall
    10     affirm faithfully and fairly to discharge the trust committed
    11     in him.
    12         (2)  May be required to post a bond or undertaking in an
    13     amount to be fixed by the court making the appointment to
    14     ensure that the receiver's duties will be faithfully
    15     discharged.
    16  § 8395.  Closure.
    17     (a)  Presumption of closure.--Where the court after trial
    18  determines that premises constitute a drug nuisance, the court
    19  shall order the closure of the premises or appropriate portion
    20  or portions thereof under section 8394(c) (relating to permanent
    21  injunction and other relief), unless the court is convinced that
    22  any vacancy resulting from the closure would exacerbate rather
    23  than abate the nuisance or would otherwise be extraordinarily
    24  harmful to the community or the public interest.
    25     (b)  Vacation of closure order.--
    26         (1)  The court at any time after the trial may vacate the
    27     provisions of the judgment that direct the closing of some or
    28     all of the premises, provided that the defendant establishes
    29     by clear and convincing evidence that the drug nuisance has
    30     been satisfactorily abated and is not likely to recur.
    20070S0337B0372                 - 28 -     

     1         (2)  In determining whether the drug nuisance has been
     2     satisfactorily abated and is not likely to recur, the court
     3     shall consider the nature, severity and duration of the drug
     4     nuisance and all other relevant factors, including but not
     5     limited to, those factors under section 8393(a) (relating to
     6     vacating or modifying closing order).
     7  § 8396.  Penalties.
     8     (a)  Civil penalties for culpable defendants.--Where the
     9  court after trial finds that premises are a drug nuisance, the
    10  court in addition to granting appropriate injunctive relief
    11  shall impose a civil penalty against a defendant who knowingly
    12  conducted, maintained, aided, abetted or permitted a drug
    13  nuisance. The penalty shall be $25,000 or the market value of
    14  the entire premises involved, whichever amount is greater,
    15  unless the court finds, based on the evidence, that imposition
    16  of such a penalty would constitute a miscarriage of justice
    17  under the totality of the circumstances. In such case the court
    18  may lower the amount of the penalty to the extent necessary to
    19  avoid a miscarriage of justice.
    20     (b)  Prima facie evidence of defendant's culpability.--For
    21  the purpose of imposing a civil penalty under this section, the
    22  following shall be prima facie evidence that the defendant
    23  knowingly permitted the drug nuisance:
    24         (1)  the defendant failed to initiate an eviction action
    25     under the Expedited Eviction of Drug Traffickers Act against
    26     a tenant after being notified by certified or registered mail
    27     of the tenant's drug distribution events committed on the
    28     leased premises; or
    29         (2)  a closure order was vacated under section 8395(b)
    30     (relating to closure) within two years before the occurrence
    20070S0337B0372                 - 29 -     

     1     of the instant drug nuisance.
     2     (c)  Waiver of penalty upon transfer of title.--The court at
     3  any time shall waive, suspend or revoke any unpaid civil penalty
     4  imposed under this section if the court is satisfied that:
     5         (1)  The defendant against whom the penalty has been
     6     imposed has not violated any order issued under any provision
     7     of this subchapter.
     8         (2)  The defendant has transferred title to the premises
     9     to the plaintiff or another neighborhood or community
    10     organization approved by the court, provided that the
    11     recipient is a nonprofit incorporated organization or
    12     association which is exempt from taxation under the Internal
    13     Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c))
    14     and is authorized by its corporate charter or bylaws to
    15     rehabilitate, restore, maintain, manage or operate commercial
    16     or residential premises. Unless otherwise agreed to by the
    17     recipient organization, the defendant shall personally retain
    18     all State and local tax liability, and the obligation shall
    19     attach to any other real property in the county owned by the
    20     defendant.
    21     (d)  Collection and disposition of proceeds.--
    22         (1)  All civil penalties imposed under this section shall
    23     be collected in the manner provided by law or by rule of
    24     court subject to the following:
    25             (i)  Ten percent of the penalties shall be retained
    26         by the court to offset the costs of collection.
    27             (ii)  Half of all remaining money collected under
    28         this section shall be deposited in a nonlapsing revolving
    29         county fund to be known as the nuisance abatement and
    30         neighborhood rehabilitation fund. Money in this fund
    20070S0337B0372                 - 30 -     

     1         shall be appropriated by the county on an annual basis
     2         for the purpose of funding local drug nuisance abatement,
     3         drug prevention, education and housing and neighborhood
     4         rehabilitation programs.
     5             (iii)  All of the remaining funds shall be deposited
     6         in a nonlapsing revolving fund which is hereby
     7         established in the State Treasury and which shall be
     8         known as the Treatment for Displaced Residents Fund. This
     9         fund shall be administered by the Bureau of Drug and
    10         Alcohol Programs in the Department of Health. Its purpose
    11         shall be to fund the treatment of displaced residents
    12         determined to be addicted under section 26 of the
    13         Expedited Eviction of Drug Traffickers Act or for
    14         providing treatment for displaced residents under this
    15         subchapter. None of these funds shall be used to supplant
    16         existing Federal, State, county or municipal resources
    17         for the courts, nuisance abatement, drug prevention,
    18         education, housing or neighborhood rehabilitation
    19         programs or treatment.
    20  § 8397.  Settlements.
    21     (a)  Court-approved settlements.--Nothing in this subchapter
    22  shall be construed to prevent the parties to the action at any
    23  time before or after trial from negotiating and agreeing to a
    24  fair settlement of the dispute, subject to approval of the
    25  court.
    26     (b)  Vacation of closure order upon transfer of title.--The
    27  court, on application of a plaintiff, may vacate a closing order
    28  issued pursuant to this subchapter, where the defendant has
    29  transferred title to the premises to the plaintiff or another
    30  neighborhood or community organization approved by the court,
    20070S0337B0372                 - 31 -     

     1  provided that the transferee is a nonprofit incorporated
     2  organization or association which is exempt from taxation under
     3  the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
     4  § 501(c)) and which is authorized by its corporate charter or
     5  bylaws to rehabilitate, restore, maintain, manage or operate
     6  commercial or residential premises. In that event, the
     7  requirements for prerelease inspection under section 8399.2
     8  (relating to release of premises upon inspection or repair)
     9  shall not apply.
    10  § 8398.  Recovery of costs.
    11     (a)  General rule.--If an action for injunctive relief or
    12  penalties brought under this subchapter terminates in a
    13  settlement or judgment favorable to the plaintiff, the plaintiff
    14  shall be entitled to recover the actual cost of the suit,
    15  including, but not limited to, reasonable attorney fees and all
    16  expenses and disbursements by the plaintiff and any other
    17  governmental entity in investigating, bringing, maintaining and
    18  enforcing the action and any court orders.
    19     (b)  Joint and several liability.--All defendants shall be
    20  jointly and severally liable for the payment of taxed costs
    21  imposed under this subchapter.
    22  § 8399.  Liens.
    23     (a)  General rule.--A judgment awarding a permanent
    24  injunction under this subchapter shall be a lien upon the
    25  premises declared to be a drug nuisance.
    26     (b)  Nature of liens.--A judgment against an in personam
    27  defendant imposing a civil penalty or bill of taxed costs under
    28  this subchapter shall be a lien upon the real estate owned by
    29  the defendant at the time of the judgment and upon all real
    30  estate the defendant may subsequently acquire for a period of
    20070S0337B0372                 - 32 -     

     1  ten years from the date of the judgment.
     2  § 8399.1.  Contempt.
     3     (a)  General rule.--A person who knowingly violates an order
     4  issued under this subchapter shall be subject to civil contempt
     5  as well as punishment for criminal contempt under 18 Pa.C.S. §§
     6  4955 (relating to violation of orders) and 5101 (relating to
     7  obstructing administration of law or other governmental
     8  function).
     9     (b)  Construction.--Nothing in this subchapter shall be
    10  construed to preclude or preempt criminal prosecution for
    11  violation of a controlled substance offense or any other
    12  criminal offense.
    13  § 8399.2.  Release of premises upon inspection or repair.
    14     (a)  Compliance with codes as prerequisite to opening.--
    15         (1)  Subject to the provisions of section 8397(b)
    16     (relating to settlements), and unless the court expressly
    17     orders otherwise, no premises or portion thereof ordered to
    18     be closed under any other provision of this subchapter shall
    19     be released or opened unless it has been inspected by the
    20     appropriate county agency and found to be in compliance with
    21     applicable State and local housing, building, fire, zoning,
    22     health and safety codes, ordinances, rules, regulations or
    23     statutes.
    24         (2)  Where the inspection reveals violations of any such
    25     code, ordinance, rule, regulation or statute, the court shall
    26     issue such orders or grant such relief as may be necessary to
    27     bring the premises or portion thereof into compliance. The
    28     court may order the premises or portion thereof to remain
    29     closed pending necessary repairs or modification,
    30     notwithstanding that the order or closure may exceed the one-
    20070S0337B0372                 - 33 -     

     1     year time limit prescribed under section 8394(c) (relating to
     2     permanent injunction and other relief).
     3     (b)  Authorization to inspect or repair.--The court may
     4  authorize any person or government official to enter premises or
     5  a portion thereof closed under this subchapter for the purpose
     6  of conducting an inspection or making repairs or modifications
     7  necessary to abate the nuisance or to bring the premises or
     8  portion thereof into compliance with all applicable housing,
     9  building, fire, zoning, health or safety code, ordinance, rule,
    10  regulation or statute.
    11  § 8399.3.  Cumulative remedies.
    12     The causes of action and remedies authorized under this
    13  subchapter shall be cumulative with each other and shall be in
    14  addition to, not in lieu of, any other causes of action or
    15  remedies which may be available at law or equity.
    16  § 8399.4.  Admissibility of evidence.
    17     (a)  General rule.--In any action brought under this
    18  subchapter, all relevant evidence, including evidence of the use
    19  or threat of violence, evidence of reputation in a community and
    20  any prior efforts or lack of efforts by the defendant to abate
    21  the drug nuisance shall be admissible to prove the existence of
    22  a drug nuisance.
    23     (b)  Effect of criminal conviction or adjudication of
    24  delinquency.--
    25         (1)  Where a criminal prosecution or adjudication
    26     proceeding involving the drug distribution event constituting
    27     the drug nuisance results in a criminal conviction or
    28     adjudication of delinquency, the conviction or adjudication
    29     creates a rebuttable presumption that the drug distribution
    30     event occurred.
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     1         (2)  Any evidence or testimony admitted in the criminal
     2     or juvenile proceedings, including transcripts or court
     3     reporters' notes of the transcripts of the adult or juvenile
     4     criminal proceedings, whether or not they have been
     5     transcribed, may be admitted in the civil action brought
     6     under this subchapter.
     7     (c)  Use of sealed criminal proceeding records.--In the event
     8  that the evidence or records of a criminal proceeding which did
     9  not result in a conviction or adjudication of delinquency have
    10  been sealed under applicable law, the court in a civil action
    11  brought under this subchapter may, notwithstanding any other
    12  provision of this subchapter, order such evidence or records to
    13  be unsealed if the court finds that the evidence or records
    14  would be relevant to the fair disposition of the civil action.
    15     (d)  Protection of threatened witnesses or affiants.--If
    16  proof of the existence of the drug nuisance depends, in whole or
    17  in part, upon the affidavits or testimony of witnesses who are
    18  not peace officers, the court may, upon a showing of prior
    19  threats of violence or acts of violence by a defendant or
    20  another person, issue orders to protect those witnesses,
    21  including, but not limited to, the nondisclosure of the name,
    22  address or any other information which may identify the
    23  witnesses.
    24     (e)  Availability of law enforcement resources to plaintiffs
    25  or potential plaintiffs.--
    26         (1)  A law enforcement agency may make available to a
    27     person or entity seeking to secure compliance with this
    28     subchapter any police report or forensic laboratory report,
    29     or edited portions thereof, concerning drug distribution
    30     events committed on or within the involved premises.
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     1         (2)  A law enforcement agency may make any officer or
     2     officers available to testify as a fact or expert witness in
     3     a civil action brought under this subchapter.
     4         (3)  The agency may not disclose such information if, in
     5     the agency's opinion, disclosure would jeopardize an
     6     investigation, prosecution or other proceeding or violate
     7     Federal or State law.
     8  § 8399.5.  Relationship to criminal proceedings.
     9     A civil action may be brought and maintained under this
    10  subchapter, and the court may find the existence of a drug
    11  nuisance, notwithstanding that a drug distribution event or
    12  events used to establish the existence of a drug nuisance have
    13  not resulted in an arrest, prosecution, conviction or
    14  adjudication of delinquency.
    15  § 8399.6.  Liability for damage to closed properties.
    16     (a)  Effect of court-ordered closing.--Court-ordered closing
    17  of premises or a portion thereof under this subchapter shall not
    18  constitute an act of possession, ownership or control by the
    19  court, the plaintiff or a government official or entity
    20  responsible for enforcing the court order.
    21     (b)  Immunity of plaintiffs and enforcing agencies.--A person
    22  or entity bringing, maintaining or enforcing a civil action or
    23  order issued in accordance with the provisions of this
    24  subchapter shall have immunity from civil liability that might
    25  otherwise be incurred for any theft of or loss, damage or injury
    26  to premises constituting the drug nuisance, or to any fixture,
    27  furniture or personal or movable property located in or on such
    28  premises.
    29  § 8399.7.  Civil immunity.
    30     Any person or entity who in good faith institutes,
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     1  participates or testifies in or encourages any person or entity
     2  to institute, participate or testify in a civil action brought
     3  under this subchapter or who in good faith provides information
     4  relied upon by a person or entity in instituting or
     5  participating in a civil action under this subchapter shall be
     6  immune from any civil liability that might otherwise be incurred
     7  or imposed for such actions or conduct.
     8  § 8399.8.  Civil action.
     9     (a)  Right of action or damages.--Notwithstanding the
    10  provisions of section 8385 (relating to parties), a person
    11  damaged in the person's business or property by reason of a drug
    12  nuisance may bring a separate civil action for actual damages in
    13  the court of common pleas against persons who knowingly
    14  conducted, maintained, aided, abetted or permitted a drug
    15  distribution event constituting the drug nuisance.
    16     (b)  Effect of prior notification of owner concerning
    17  nuisance.--In a civil action for damages under this section,
    18  failure of an owner or landlord to initiate an eviction action
    19  against a tenant under the Expedited Eviction of Drug
    20  Traffickers Act, if the owner or landlord has been notified by
    21  certified or registered mail of the tenant's drug distribution
    22  events committed on the leased premises, shall be prima facie
    23  evidence that the owner knowingly gave permission to engage in
    24  conduct constituting the drug nuisance.
    25     (c)  Admission of expert testimony.--In a civil action for
    26  damages under this section, expert testimony may be used to
    27  determine the amount of any actual damage or loss incurred by
    28  reason of the drug nuisance.
    29     (d)  Attorney fees and other costs to prevailing plaintiff.--
    30         (1)  Whenever an action for damages brought under this
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     1     section terminates in a settlement or judgment favorable to
     2     the plaintiff, the plaintiff shall be entitled to recover the
     3     actual cost of the suit, including, but not limited to,
     4     reasonable attorney fees and all expenses and disbursements
     5     by the plaintiff in investigating, bringing and maintaining
     6     the action.
     7         (2)  All defendants shall be jointly and severally liable
     8     for the payments of taxed costs imposed under this section.
     9     (e)  General admissibility of evidence.--In any civil action
    10  for damages brought under this section, any evidence admitted or
    11  admissible in a civil action for injunctive relief or penalty
    12  under this subchapter shall be admissible.
    13  § 8399.9.  Use of property for treatment and other purposes.
    14     Where title to property has been transferred to a
    15  neighborhood or community organization under section 8396(c)
    16  (relating to penalties) or a negotiated settlement of any action
    17  brought under this subchapter, the property may, subject to
    18  approval of the court in which the civil action was initiated,
    19  be used to house an alcohol and other drug prevention,
    20  education, intervention or licensed alcohol and other drug
    21  counseling or treatment program. This section shall not be
    22  construed to exempt the property from the requirements of
    23  applicable zoning, fire, safety, health code, ordinance, rule,
    24  regulation or statute.
    25     Section 3.  This act shall take effect in 180 days.




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