Session of 1998
                   
SENATE BILL No. 668
         
By Senator Schraad
         
2-13
            9             AN ACT enacting the Kansas expedited eviction of drug traffickers act;
10             relating to causes of action and remedies available; affirmative
11             defenses.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. This act shall be known and may be cited as the ``Kansas
15       expedited eviction of drug traffickers act.''
16           Sec. 2. (a) All citizens, regardless of their income or economic status,
17       have the right to be safe and secure in their residences. All citizens further
18       have the right to live and raise their children in apartment complexes,
19       neighborhoods and communities which are free from the destructive in-
20       fluence of drug dealers and drug-related crime and violence.
21           (b) Persons who commit drug distribution offenses on or in the im-
22       mediate vicinity of leased residential premises, or who permit or tolerate
23       such offenses to be committed, violate the rights and jeopardize the
24       health and safety of the other tenants, residents and on-site employees
25       of the premises.
26           (c) It is the policy of this state to ensure the swift eviction and removal
27       of persons who engage in certain drug-related criminal activity on or in
28       the immediate vicinity of leased residential premises, or who permit
29       members of their households or guests to engage in this criminal activity
30       on or in the vicinity of the premises.
31           (d) Tenants have an obligation to take such actions as are reasonable
32       and necessary under the circumstances to prevent the commission of
33       drug-related criminal activity within their individual rental units and also
34       to prevent members of their household and guests from committing such
35       criminal activity on or in the immediate vicinity of any portion of the
36       leased residential premises.
37           (e) It is the policy of this state to encourage owners and landlords to
38       protect the rights, safety and health of their tenants and residents by
39       promptly commencing and fully prosecuting civil eviction and removal
40       proceedings against those tenants and other persons who engage in drug-
41       related criminal activity on or in the immediate vicinity of their properties.
42           (f) The civil causes of action and remedies authorized by this act are
43       remedial rather than punitive in nature, and are designed first and fore-

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  1       most to protect the rights, safety and health of law-abiding tenants, res-
  2       idents and on-site employees, while affording due process of law to per-
  3       sons alleged to have allowed such criminal activity to occur on or in the
  4       immediate vicinity of leased residential premises.
  5           (g) Except as may otherwise be expressly provided, it is the general
  6       policy of this state to afford the same rights and privileges under this act
  7       to the tenants and residents of publicly owned, publicly-assisted and pri-
  8       vately-owned premises and housing facilities.
  9           (h) Tenants should be empowered to take legal action to protect and
10       enforce their own rights to live in a peaceful community. Tenant organ-
11       izations should have access to the courts and should therefore be afforded
12       legal standing to initiate eviction for drug-related criminal activity on or
13       in the immediate vicinity of the leased residential premises.
14           (i) It is the policy of this state to ensure that the causes of action and
15       remedies authorized by this act are heard by the courts on an expedited
16       and priority basis so as to evict and remove as soon as practicable all
17       persons who engage in drug-related criminal activity on or in the imme-
18       diate vicinity of leased residential premises or who allow such criminal
19       activity to occur.
20           (j) In addition to ensuring the swift disposition of all civil actions
21       brought pursuant to this act, it is necessary and appropriate to ensure
22       certain and uniform enforcement by the courts of the rights and remedies
23       provided by this statute. Such certainty, predictability and uniformity is
24       essential to discourage persons from committing or tolerating the com-
25       mission of drug-related criminal activity, and thereby to protect the rights,
26       safety and health of law-abiding tenants and residents.
27           Sec. 3. This act is intended to provide a legal process to ensure
28       prompt eviction of persons engaging in specified drug-related criminal
29       activity on or near leased residential premises, or who permit others to
30       engage in such criminal activity. This act is further intended to authorize
31       courts to order persons other than tenants who engage in certain drug-
32       related criminal activity to stay away from the location where the criminal
33       activity occurred.
34           Sec. 4. As used in this act: (a) ``Complete eviction'' means the evic-
35       tion and removal of a tenant and all members of the tenant's household.
36           (b) ``Controlled substance,'' ``manufacture,'' ``distribution,'' and ``pos-
37       session with intent to sell or distribute'' shall have the same meaning as
38       those terms are used in K.S.A. 65-4101 et seq. and amendments thereto.
39           (c) ``Drug dependent person'' means a person who is a chemically
40       dependent person as provided in K.S.A. 65-5201 and amendments
41       thereto.
42           (d) ``Drug-related criminal activity'' means the unlawful manufacture,
43       sale, distribution or possession with intent to sell or distribute a controlled

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  1       substance in violation of K.S.A. 65-4101 et seq. and amendments thereto,
  2       or an unlawful attempt or conspiracy to commit such an act.
  3           (e) ``Entire premises'' or ``leased residential premises'' means a house,
  4       building, mobile home or apartment, whether publicly or privately
  5       owned, which is leased for residential purposes. These terms include the
  6       entire building or complex of buildings or mobile home park and all real
  7       property of any nature appurtenant thereto and used in connection there-
  8       with, including all individual rental units and common areas. These terms
  9       do not include a hotel, motel or other guest house or part thereof rented
10       to a transient guest.
11           (f) ``Felony'' means a criminal offense punishable by more than one
12       year of imprisonment.
13           (g) ``Guest'' means any natural person who has been given express or
14       implied permission by a tenant, a member of the tenant's household or
15       another guest of the tenant to enter an individual rental unit or any por-
16       tion of the entire premises.
17           (h) ``Individual rental unit'' means an apartment or individual dwell-
18       ing or accommodation which is leased to a particular tenant, whether or
19       not it is used or occupied or intended to be used or occupied by a single
20       family or household.
21           (i) ``Owner'' or ``landlord'' means a person, entity, corporation or gov-
22       ernmental authority or agency who or which owns, operates or manages
23       any leased residential premises.
24           (j) ``Partial eviction'' means the eviction and removal of specified per-
25       sons other than the tenant from a leased residential premises.
26           (k) ``Resident'' means any natural person who lawfully resides in a
27       leased residential premises who is not a signatory to a lease or otherwise
28       has no contractual relationship to a landlord or owner. The term includes
29       but is not limited to members of the household of a tenant.
30           (l) ``Department of social and rehabilitation services'' means the state
31       agency designated by the governor to plan, manage, monitor and evaluate
32       alcohol and other drug treatment services in the state.
33           (m) ``Tenant'' means any natural person or entity who is a named
34       party or signatory to a lease or rental agreement, and who occupies, re-
35       sides at or has a legal right to possess and use an individual rental unit.
36           (n) ``Tenant organization'' means an organization or association,
37       whether or not incorporated, which is representative of the tenants or
38       residents of a leased residential premises, the membership of which con-
39       sists of tenants of the leased residential premises which the organization
40       or association represents. The term also includes a community-based or-
41       ganization with members who are tenants of the leased residential prem-
42       ises.
43           Sec. 5. The causes of action established in this act are civil actions to

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  1       evict or remove tenants or other persons from leased residential premises.
  2       These actions shall be brought in the district court.
  3           Sec. 6. The civil causes of action established in this act shall be
  4       proved by a preponderance of the evidence, except as otherwise expressly
  5       provided.
  6           Sec. 7. (a) Who may bring action. A civil action pursuant to this act
  7       may be brought by: (1) The owner or landlord of a leased residential
  8       premises, or such owner's or landlord's agent;
  9           (2) a tenant organization; or
10           (3) a city or county attorney, or municipal, district or county attorney
11       or the attorney general.
12           (b) Defendants to the action. A civil action pursuant to this act may
13       be brought against any person within the jurisdiction of the court, in-
14       cluding but not limited to a tenant, adult or minor member of the tenant's
15       household, guest or resident of the leased residential premises. If any
16       defendant's true name is unknown to the plaintiff, process may issue
17       against the defendant under a fictitious name, stating it to be fictitious
18       and adding an appropriate description sufficient to identify such person.
19           (c) Notice of interested parties. (1) Notice to defendants. A com-
20       plaint initiating an action pursuant to this act shall be personally served
21       and notice to all defendants shall be provided in the same manner as
22       serving complaints in civil actions. After filing an affidavit that personal
23       service cannot be had after due diligence on one or more defendants
24       within 20 days after the filing of the complaint, the plaintiff may: (A)
25       Cause a copy of the complaint to be mailed to the defendant by certified
26       mail, restricted delivery, with return receipt requested to the clerk of
27       court; and
28           (B) cause a copy of the complaint to be affixed conspicuously to the
29       main entrance to the premises and to all entrances to the individual rental
30       unit where the drug-related criminal activity is alleged to have occurred.
31           Service shall be deemed completed five days after filing with the court
32       proof of such mailing and an affidavit that a copy of the complaint has
33       been affixed to the premises.
34           (2) Notice to affected tenants, residents and guests. All tenants or
35       residents of any building, place or premises which is used in whole or in
36       part as home, residence or dwelling, other than transient guests of a guest
37       house, hotel or motel, who may be affected by any order issued pursuant
38       to this act, shall be provided such reasonable notice as shall be ordered
39       by the court and shall be afforded opportunity to be heard at all hearings.
40           (d) Naming and service of owners in actions brought by tenant or-
41       ganizations or prosecutors. Where an action pursuant to this act is initi-
42       ated by a tenant organization or criminal prosecuting attorney, or munic-
43       ipal, county or district, or the attorney general, the owner of the leased

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  1       residential premises shall be named as a defendant and shall be served
  2       with a copy of the complaint pursuant to subsection (c). Any agent of the
  3       owner may be named as a party and, in any event, shall have the right to
  4       appear and participate in all proceedings conducted pursuant to this act.
  5           (e) Protections against frivolous actions and sanctions for unfounded
  6       or unwarranted pleadings, motions or other papers. No tenant organi-
  7       zation shall be permitted to bring an action pursuant to this act unless
  8       the organization is represented by an attorney at law who is licensed in
  9       this state.
10           (1) In any action brought pursuant to this act, regardless of the iden-
11       tity of the plaintiff, every pleading, motion and other paper of a party
12       represented by an attorney shall be signed by at least one attorney of
13       record in the attorney's individual name, whose address shall be stated.
14           (2) An owner, landlord, or such owner's or landlord's agent, who is
15       not represented by an attorney, shall sign the party's pleading, motion or
16       other paper and state the party's address.
17           (3) Such signature of an attorney or party constitutes a certificate by
18       the signer that: (A) The signer has read the pleading, motion or other
19       paper;
20           (B) to the best of the signer's knowledge, information and belief
21       formed after reasonable inquiry, it is well-grounded in fact and is war-
22       ranted by existing law or a good faith argument for the extension, modi-
23       fication or reversal of existing law; and
24           (C) it is not interposed for any improper purpose, such as to harass
25       or to cause unnecessary delay or needless increase in the cost of litigation.
26           (4) If a pleading, motion or other paper is not signed, it shall be
27       stricken unless it is signed promptly after the omission is called to the
28       attention of the pleader or movant.
29           (5) If the court finds that: (A) The signer has not read the pleading,
30       motion or other paper;
31           (B) the signer does not have knowledge, information or a belief re-
32       garding the facts contained in the pleading, motion or other paper, or
33       that a reasonable inquiry has not been made;
34           (C) the pleading, motion or other paper is not well-grounded in fact
35       or warranted by existing law or a good faith argument for the extension,
36       modification or reversal of existing law; or
37           (D) the pleading, motion or other paper was interposed for any im-
38       proper delay or needless increase in the cost of litigation.
39           Then the court, upon motion, or upon its own initiative, shall impose
40       upon the person who signed it, a represented party, or both, an appro-
41       priate sanction, which may include an order to pay to the other party or
42       parties the amount of the reasonable expenses incurred because of the
43       filing of the pleading, motion or other paper, including a reasonable at-

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  1       torney fee.
  2           (f) Ready availability of ownership information to potential plaintiffs.
  3       Any person or entity who states upon an oath in writing, that such person
  4       or entity is preparing to initiate an action pursuant to this act, may request
  5       that the register of deeds promptly provide, without charge, the name
  6       and address of all owners of the leased residential premises where the
  7       drug-related criminal activity is alleged to have occurred, as reflected
  8       upon the current county records.
  9           Sec. 8. (a) Grounds for complete eviction. Subject to the provisions
10       of sections 9 and 28 and amendments thereto, the court shall order the
11       immediate eviction, as set forth in subsection (b) of section 14 and section
12       16 and amendments thereto, of a tenant where it finds that: (1) Drug-
13       related criminal activity has occurred on or within the individual rental
14       unit leased to the tenant;
15           (2) the individual rental unit leased to the tenant was used in any way
16       in furtherance of or to promote drug-related criminal activity;
17           (3) the tenant, any members of the tenant's household or any guest
18       has engaged in drug-related criminal activity on or in the immediate vi-
19       cinity of any portion of the entire premises;
20           (4) the tenant has given permission to or invited a person to return
21       or re-enter any portion of the entire premises, knowing that the person
22       has been removed and barred from the entire premises pursuant to this
23       act; or
24           (5) the tenant has failed to notify law enforcement or public housing
25       authorities immediately upon learning that a person who has been re-
26       moved and barred from the tenant's individual rental unit pursuant to
27       this act, has returned to or re-entered the tenant's individual rental unit.
28           (b) Grounds for partial eviction and issuance of removal orders. The
29       court shall subject to the provisions of subsection (b) of section 9 and
30       section 28 and amendments thereto, order the immediate removal from
31       the entire premises of any person other than the tenant, including but
32       not limited to an adult or minor member of the tenant's household, where
33       the court finds that such person has engaged in drug-related criminal
34       activity on or in the immediate vicinity of any portion of the leased resi-
35       dential premises. Persons removed pursuant to this section shall be barred
36       from returning to or re-entering any portion of the entire premises.
37           (c) Removal orders directed against the tenant. Where the court finds
38       that a member of the tenant's household, or guest or resident of the
39       tenant's leased residential premises, has engaged in drug-related criminal
40       activity on or in the immediate vicinity of any portion of the leased resi-
41       dential premises, but such person has not been named as a party defend-
42       ant, has not appeared in the action or otherwise has not been subjected
43       to the jurisdiction of the court, a removal order issued pursuant to sub-

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  1       section (b) shall be directed against the tenant, and shall provide that as
  2       an express condition of the tenancy, the tenant shall not give permission
  3       to or invite the barred person or persons to return to or re-enter any
  4       portion of the entire premises. The tenant shall acknowledge in writing
  5       that the tenant understands the terms of the court's order, and that the
  6       tenant further understands that the failure to comply with the court's
  7       order will result in the mandatory termination of the tenancy pursuant to
  8       section 14 and amendments thereto.
  9           Sec. 9. (a) Affirmative defense. The court may refrain from ordering
10       the complete eviction of a tenant pursuant to subsection (a) of section 8
11       and amendments thereto, where the tenant has established that such
12       tenant was not involved in the drug-related criminal activity, and that: (1)
13       Such tenant did not know or have reason to know that drug-related crim-
14       inal activity was occurring on or within the individual rental unit, that the
15       individual rental unit was used in any way in furtherance of or to promote
16       drug-related criminal activity, or that any member of the tenant's house-
17       hold or any guest has engaged in drug-related criminal activity on or in
18       the immediate vicinity of any portion of the entire premises;
19           (2) such person had done everything that could reasonably be ex-
20       pected in the circumstances to prevent the commission of the drug-re-
21       lated criminal activity; or
22           (3) such tenant had promptly reported the drug-related criminal ac-
23       tivity to appropriate law enforcement authorities.
24           (b) Exemption. Where the grounds for a complete eviction have been
25       established, the court shall order the eviction of the tenant, unless, having
26       regard to the circumstances of the criminal activity and the condition of
27       the tenant, the court is clearly convinced that immediate eviction or re-
28       moval would be a serious injustice, the prevention of which overrides the
29       need to protect the right, safety and health of the other tenants and
30       residents of the leased residential premises.
31           (c) Burden of proof. The burden of proof for the affirmative defense
32       set forth in subsection (a) shall be by a preponderance of the evidence.
33       The burden of proof for the exemption set forth in subsection (b) shall
34       be by clear and convincing evidence.
35           Sec. 10. (a) General rule. Where the plaintiff has established grounds
36       for a complete eviction but the court finds that the tenant has satisfactorily
37       established the basis for an affirmative defense or exemption pursuant to
38       section 9 and amendments thereto, and the court in its discretion elects
39       not to order the complete eviction of the tenant, the court, except as
40       otherwise provided in section 28 and amendments thereto, shall order
41       the immediate removal from the entire premises of any person other than
42       the tenant, including but not limited to adult or minor members of the
43       tenant's household who have engaged in drug-related criminal activity on

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  1       any portion of the entire premises. Persons removed pursuant to this
  2       section shall be permanently barred from returning to or re-entering any
  3       portion of the entire premises. The court shall further order as an express
  4       condition of the tenancy that the tenant shall not give permission to or
  5       invite any person who has been removed pursuant to this act to return to
  6       or re-enter any portion of the entire premises.
  7           (b) Acknowledgment of conditional tenancy. The tenant, upon whom
  8       a partial eviction is imposed, shall acknowledge in writing that such tenant
  9       understands the terms of the court's order issued pursuant to subsection
10       (a) of this section, and further understands that the failure to comply with
11       the court's order will result in the mandatory termination of the tenancy
12       pursuant to section 8 and amendments thereto. Refusal by the tenant to
13       acknowledge such terms, as required by this subsection, shall vitiate any
14       prior finding by the court that an exemption to a complete eviction exists,
15       or that the tenant has satisfactorily established an affirmative defense.
16           Sec. 11. Where the court determines in its discretion that the plain-
17       tiff bringing an action pursuant to this act has failed to prosecute the
18       matter with reasonable diligence, the court may substitute as plaintiff any
19       person or entity that consents thereto, provided that such person or entity
20       would have been authorized pursuant to the provisions of this act to in-
21       itiate the action.
22           Sec. 12. Any removal or eviction order issued by a court pursuant to
23       this act shall be enforced by the person or entity bringing the action,
24       provided however that the appropriate law enforcement agency, upon the
25       request of the person or entity bringing the action, shall assume respon-
26       sibility for the actual execution of the removal or eviction.
27           Sec. 13. Any person who knowingly violates any order issued pur-
28       suant to this act, or who knowingly interferes with, obstructs, impairs or
29       prevents any law enforcement officer from enforcing or executing any
30       order issued pursuant to this act, shall be subject to criminal contempt.
31       Nothing in this section shall be construed in any way to preclude or pre-
32       empt a criminal prosecution for any criminal offense.
33           Sec. 14. (a) General rule. Any person authorized to bring an action
34       pursuant to this act may at any time move to enforce a removal order
35       issued pursuant to this act.
36           (b) Expedited hearings. A motion to enforce a removal order shall be
37       heard on an expedited basis and within seven days of the filing of the
38       motion.
39           (c) Mandatory eviction. The court shall order the immediate eviction
40       of the tenant where it finds that: (1) The tenant has given permission to
41       or invited any person removed or barred from the leased residential
42       premises pursuant to this act to return to or re-enter any portion of the
43       premises;

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  1           (2) the tenant has failed to notify appropriate law enforcement or
  2       public housing authorities immediately upon learning that any person
  3       who has been removed and barred pursuant to this act has returned to
  4       or re-entered the tenant's individual rental unit; or
  5           (3) the tenant has otherwise knowingly violated an express term or
  6       condition of any order issued by the court pursuant to this act.
  7           Sec. 15. It shall not be a defense to an action brought pursuant to
  8       this act that the drug-related criminal activity was an isolated incident or
  9       otherwise has not recurred. Nor is it a defense that the person who ac-
10       tually engaged in the drug-related criminal activity no longer resides in
11       the tenant's individual rental unit.
12           Sec. 16. (a) Expedited hearing. When a complaint is filed initiating
13       an action pursuant to this act, the court shall set the matter for a hearing
14       which shall be held on an expedited basis and within seven days following
15       the filing of the complaint.
16           (b) Standards for continuances. The court shall not grant a continu-
17       ance, nor shall it stay the civil proceedings pending the disposition of any
18       related criminal proceedings, except for compelling and extraordinary
19       reasons or on application of the county or district attorney or attorney
20       general for good cause shown.
21           Sec. 17. Notwithstanding any other provision of law, rule or regula-
22       tion concerning the procedures otherwise used in eviction proceedings,
23       it shall not be necessary to provide notice to the tenant to vacate the
24       premises prior to filing the complaint initiating a civil action pursuant to
25       this act.
26           Sec. 18. No relevant testimony or evidence shall be excluded from
27       any civil action brought pursuant to this act on account of the manner by
28       which it was obtained by a law enforcement officer or agency, notwith-
29       standing that the civil action may have been brought by the county or
30       district attorney or attorney general.
31           Sec. 19. (a) Criminal proceedings, conviction or adjudication not re-
32       quired. The fact that a criminal prosecution involving the drug-related
33       criminal activity is not commenced or, if commenced, has not yet been
34       concluded or has terminated without a conviction or adjudication of de-
35       linquency shall not preclude a civil action or the issuance of any order
36       pursuant to this act.
37           (b) Effect of conviction or adjudication. Where a criminal prosecution
38       involving the drug-related criminal activity results in a final criminal con-
39       viction or adjudication of delinquency, such adjudication of conviction
40       shall be considered in the civil action as creating a rebuttable presumption
41       that the drug violation occurred, provided however that any such final
42       conviction or adjudication shall estop the convicted defendant or adju-
43       dicated juvenile from denying the essential allegations of the criminal

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  1       offense in any subsequent civil proceeding brought pursuant to this act.
  2           (c) Admissibility of criminal trial recordings or transcripts. Any evi-
  3       dence or testimony admitted in the criminal proceeding, including re-
  4       cordings or transcripts of the adult or juvenile criminal proceedings,
  5       whether or not they have been transcribed, may be admitted in the civil
  6       action initiated pursuant to this act.
  7           (d) Use of sealed criminal proceeding records. In the event that the
  8       evidence or records of a criminal proceeding which did not result in a
  9       conviction or adjudication of delinquency have been sealed as provided
10       by law, the court in a civil action brought pursuant to this act, notwith-
11       standing any other provision of law, may order such evidence or records,
12       whether or not they have been transcribed, to be unsealed if the court
13       finds that such evidence or records would be relevant to the fair dispo-
14       sition of the civil action.
15           Sec. 20. The parties to an action brought pursuant to this act shall
16       not be entitled to conduct discovery otherwise available in a civil action
17       except by leave of court where required to ensure the fair disposition of
18       the civil action. However, the plaintiff in a civil action brought pursuant
19       to this act shall provide to the tenant and all other named defendants a
20       reasonable opportunity prior to the hearing to examine any relevant doc-
21       uments or records within the plaintiff's possession which directly relate
22       to the action, subject to the limitations of section 22 and amendments
23       thereto.
24           Sec. 21. If proof necessary to establish the grounds for eviction de-
25       pends, in whole or in part, upon the affidavits or testimony of witnesses
26       who are not law enforcement officers, the court may, upon a showing of
27       prior threats of violence or acts of violence by any defendant or any other
28       person, issue orders to protect those witnesses, including but not limited
29       to, the nondisclosure of the name, address or any other information which
30       may identify those witnesses.
31           Sec. 22. A law enforcement agency may make available to any person
32       or entity authorized to bring an action pursuant to this act any police
33       report or edited portion thereof, or forensic laboratory report or edited
34       portion thereof, concerning drug-related criminal activity committed on
35       or in the immediate vicinity of the leased residential premises. A law
36       enforcement agency may also make any officer or officers available to
37       testify as a fact witness or expert witness in a civil action brought pursuant
38       to this act. The agency shall not disclose such information where, in the
39       agency's opinion, such disclosure would jeopardize an investigation, pros-
40       ecution or other proceeding, or where such disclosure would violate any
41       federal or state statute.
42           Sec. 23. A landlord or owner shall be entitled to collect rent due and
43       owing from the tenant during the pendency of any civil action brought

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  1       pursuant to this act.
  2           Sec. 24. A tenant organization, city of county attorney or a municipal,
  3       county or district attorney or attorney general bringing a successful action
  4       pursuant to this act, including where such action is ultimately discharged
  5       under subsection (k) of section 28, shall be entitled to recover the cost
  6       of the suit, including but not limited to reasonable attorney fees and costs,
  7       from the landlord or owner of the leased residential premises involved,
  8       provided that the landlord or owner, or such landlord's or owner's ap-
  9       propriate agent, had refused to bring the action within 10 days after hav-
10       ing been requested to do so in writing, delivered personally or by certified
11       mail, return receipt requested. Where the court determines, pursuant to
12       section 11 and amendments thereto, that an owner or landlord of the
13       leased residential premises or such landlord's or owner's agent, has failed
14       to prosecute the action with reasonable diligence, such owner, landlord
15       or agent shall be responsible for the payment of all reasonable costs of
16       the suit expended by a prevailing substitute plaintiff designated pursuant
17       to section 11 and amendments thereto notwithstanding that the owner,
18       landlord or agent had initiated the action.
19           Sec. 25. The court before which the civil action has been brought
20       pursuant to this act shall have the authority at any time to issue a tem-
21       porary restraining order, grant preliminary relief or take such other ac-
22       tions as the court deems necessary to enjoin or prevent the commission
23       of drug-related criminal activity on or in the immediate vicinity of leased
24       residential premises, or otherwise to protect the rights and interests of
25       all tenants and residents. A violation of any such duly issued order or
26       preliminary relief shall subject the violator to being held in civil or crim-
27       inal contempt.
28           Sec. 26. The causes of action and remedies authorized by this act
29       shall be cumulative with each other and shall be in addition to, not in lieu
30       of, any other causes of action or remedies which may be available at law
31       or equity.
32           Sec. 27. Any person or organization who, in good faith, institutes,
33       participates in or encourages a person or entity to institute or participate
34       in a civil action brought pursuant to this act, or who in good faith provides
35       any information relied upon by any person or entity in instituting or par-
36       ticipating in a civil action pursuant to this act, shall have immunity from
37       any civil liability that might otherwise be incurred or imposed. Any such
38       person or organization shall have the same immunity from civil liability
39       with respect to testimony given in any judicial proceeding conducted pur-
40       suant to this act.
41           Sec. 28. (a) Temporary suspension of eviction or removal order
42       pending referral for addiction assessment and treatment recommenda-
43       tion. The court on the application of the tenant or other person subject

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  1       to removal may suspend the execution of an order of complete or partial
  2       eviction for a period of not more than 10 days in order to refer the person
  3       to a licensed substance abuse treatment program or facility for an alcohol
  4       and other drug addiction assessment and treatment recommendation, in
  5       order to determine whether the person is a suitable candidate for a stay
  6       of execution of eviction or removal pursuant to subsection (b), provided
  7       that the person asserts that: (1) Such person is drug dependent within
  8       the meaning of this act;
  9           (2) such person is willing to participate in a licensed treatment and
10       monitoring program recommended by the program or facility and ap-
11       proved by the court; and
12           (3) such person meets the requirements set forth in subsection (b),
13       (4), (5) and (6); the court is clearly convinced that the temporary suspen-
14       sion of execution of the order of eviction or removal will not endanger
15       the safety of the community or otherwise unduly jeopardize the rights or
16       interests of other tenants and residents of the leased residential premises.
17       Pending the filing of an application for a stay of execution pursuant to
18       subsection (b), a temporary suspension issued pursuant to this subsection
19       shall automatically expire on the date fixed by the court, or 10 days after
20       the suspension is granted, whichever is earlier. At such time, the order
21       of eviction or removal shall be immediately enforced unless a stay is
22       granted in accordance with the provisions of subsection (b).
23           (b) Application to stay execution of eviction or removal order. On
24       application of the tenant or other person subject to removal, the court
25       may stay execution of an order of complete or partial eviction, for a period
26       of time as provided in subsection (f) and during which the person is
27       participating in a court approved and licensed alcohol and other drug
28       treatment program, provided that the tenant or other person subject to
29       complete or partial eviction established by clear and convincing evidence
30       all of the following: (1) The person is drug dependent, and the drug
31       related criminal activity that was the basis for the order of eviction or
32       removal was committed in order to support the person's drug depend-
33       ency;
34           (2) no evidence is presently proffered or has been presented that the
35       person is an adult and, in the commission of such drug-related criminal
36       activity, distributed a controlled substance to a person under 16 year of
37       age;
38           (3) no evidence is presently proffered or has been presented that the
39       person unlawfully used or possessed a firearm on the leased premises, or
40       that the person used or threatened to use violence in committing any of
41       the acts which are the basis for the order of eviction or removal;
42           (4) the person has not previously undergone court-approved treat-
43       ment pursuant to the provisions of this section;

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  1           (5) the person has agreed to participate in the course of alcohol and
  2       other drug treatment recommended by the treatment facility conduction
  3       the court-ordered addiction assessment;
  4           (6) the stay of execution of the order of complete or partial eviction
  5       will not endanger the safety of the community or otherwise unduly jeop-
  6       ardize the rights or interests of other tenants and residents of the leased
  7       residential premises; and
  8           (7) admission to the recommended course of treatment will serve to
  9       benefit the person by addressing such person's drug dependency and will
10       thereby remove the incentive for the person to engage in drug-related
11       criminal activity.
12           (c) Right of interested persons to be heard. The plaintiff in the civil
13       action and the tenant organization for the premises, whether or not such
14       organization joined in the civil action, shall be provided an opportunity
15       to be heard with respect to an application to temporarily suspend exe-
16       cution of an eviction order pursuant to subsection (a) or to stay execution
17       of such an order pursuant to subsection (b), or to discharge the order of
18       eviction or removal pursuant to subsection (k), and shall also have the
19       right to participate in any action upon a violation pursuant to subsection
20       (j).
21           (d) Participation in recommended course of treatment. Where the
22       court is satisfied that the grounds for a stay set forth in subsection (b)
23       have been clearly and convincingly established, the court as a condition
24       of the stay of execution of the eviction or removal order shall order the
25       person to participate in the recommended course of treatment, which
26       program shall include periodic drug testing. Such course of treatment
27       shall take place in a licensed program to provide substance abuse treat-
28       ment. The court shall impose reasonable terms and conditions of the
29       person's participation in the court-approved treatment program as if the
30       person were placed on probation following a conviction for a crime. Such
31       terms and conditions shall include a requirement that the person comply
32       with all rules and regulations established by the treatment program. The
33       terms and conditions imposed by the court may also include but need
34       not be limited to establishing a curfew or imposing restrictions on the
35       person's associations and places where such person may travel. The court
36       may at any time modify or impose additional terms or conditions, pro-
37       vided that the court, prior to its removal of any significant term or con-
38       dition, provides notice to all persons or entities entitled pursuant to sub-
39       section (c) to participate in the proceedings. The person placed on
40       probationary tenancy shall consent to such original or amended terms and
41       conditions, as a condition of the stay of execution of the eviction or re-
42       moval order, and shall acknowledge in writing that such person under-
43       stands and accepts all such terms and conditions. In the event that the

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  1       person refuses to accept or comply with any such original or amended
  2       terms and conditions, the stay of execution shall be automatically re-
  3       scinded and the order of eviction or removal shall be immediately en-
  4       forced in accordance with the provisions of this act.
  5           (e) Period of probationary tenancy. Where the person maintains
  6       compliance with the terms and conditions of the court and with the
  7       requirements of the course of treatment and monitoring, the stay of ex-
  8       ecution of an order of eviction or removal shall remain in force for a
  9       period of six months. The court, upon recommendation by the treatment
10       program, may extend the initial period of the probationary tenancy for an
11       additional six months.
12           (f) Prompt initiation of treatment. A stay of execution of an order of
13       eviction or removal pursuant to this section shall be contingent upon the
14       person commencing such person's participation in the recommended
15       course of treatment, or being placed on a certified waiting list until a
16       position for the recommended course of treatment becomes available,
17       within 10 days of the entry of the court's order granting the stay of exe-
18       cution of eviction or removal. If the person is placed on a certified list,
19       such person must submit to regular drug testing as ordered by the court
20       and must also attend, with verification, no fewer than five twelve-step
21       recovery meetings per week, until the course of treatment can begin. If
22       the person for any reason fails to comply with the conditions of this sub-
23       section within this time period, the stay of execution shall be automatically
24       rescinded unless the court determines that there are extraordinary and
25       compelling reasons to reinstate the stay pending the person's participation
26       in the recommended course of treatment, by a date certain to be fixed
27       by the court.
28           (g) Reporting of progress in course of treatment. The treatment pro-
29       gram, as a condition of the stay of execution of the eviction or removal
30       order, shall agree in writing to report periodically to the court as to the
31       person's progress and compliance with court-imposed terms and condi-
32       tions. The treatment program shall further agree to promptly report any
33       significant failure to comply with the requirements of the course of treat-
34       ment. The treatment program shall also agree immediately to advise the
35       court in the event that the person for any reason terminate such person's
36       participation in the course of treatment. The person and, where neces-
37       sary, the person's parent or legal guardian, as a condition of the stay of
38       execution, shall sign such consent forms as are necessary to release in-
39       formation to the court pursuant to this section, with respect to such per-
40       son's participation in the course of treatment.
41           (h) Supervisory jurisdiction of probation department. The court may
42       supervise the person's participation in the recommended course of treat-
43       ment and such person's compliance with all court-imposed terms and

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  1       conditions of the probationary tenancy. The court may also order the
  2       department of social and rehabilitation services to administer the periodic
  3       drug testing, and the department shall immediately report any significant
  4       violation of the court-imposed terms and conditions, in accordance with
  5       the provisions of subsection (g).
  6           (i) Effect of violation. Upon a first significant violation of any court-
  7       ordered term or condition of the probationary tenancy, the court may and
  8       upon recommendation of the treatment program or upon subsequent
  9       violation, shall in the absence of extraordinary and compelling reasons,
10       rescind the stay of execution of the order shall be immediately enforced.
11       In making its determination whether to rescind the stay after a first sig-
12       nificant violation, the court shall consider the nature and seriousness of
13       the infraction in relation to the person's progress in the course of treat-
14       ment, and shall also consider the recommendations of the treatment pro-
15       gram. Where the treatment program determines to discontinue the per-
16       son's course of treatment, the court shall revoke the probationary tenancy
17       and rescind the stay of execution or the order of eviction or removal,
18       unless the treatment program be engaged to provide the course of treat-
19       ment. Notwithstanding any other provision of this section, where the
20       court finds reasonable grounds to believe that the person, during the term
21       of the probationary tenancy, has been involved in drug-related criminal
22       activity, whether or not such activity occurred on the leased residential
23       premises, the court shall immediately rescind the stay of execution of the
24       order of eviction or removal, in which event such order shall be imme-
25       diately enforce.
26           (j) Action upon violation. An action for a violation of any term or
27       condition of the probationary tenancy may be brought by the plaintiff in
28       the eviction action, any person or entity which could have initiated the
29       eviction action pursuant to this act, by the treatment program, any agency
30       assigned by the court to assist in monitoring or supervising the proba-
31       tionary tenancy, or by the court on its own motion. Such action shall be
32       summary in nature and shall be heard and decided within five days of the
33       notice to the court of the violation.
34           (k) Discharge of order of eviction or removal. If after the expiration
35       of the term of probationary tenancy, the court determines that the person
36       has satisfactorily complied with the terms and conditions of the recom-
37       mended course of treatment, and that the person no longer poses a risk
38       to the other residents and tenants of the leased residential premises, the
39       court shall discharge the order of eviction or removal and shall dismiss
40       the action brought pursuant to this act. Nothing in this section shall be
41       construed in any way to prevent the initiation at any time of a new action
42       pursuant to this act.
43           Sec. 29. (a) Notification to person removed. The court, prior to the

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  1       removal of any person pursuant to this act, shall cause of the removal to
  2       be provided to that person outreach information and referral materials
  3       on how to obtain alcohol and other drug treatment.
  4           (b) Notification to social services agencies. The court, no less than 10
  5       days prior to the removal of any person pursuant to this act, shall cause
  6       notice of the removal to be provided to the local alcohol and other drug
  7       agency, the local child welfare agency if applicable and other appropriate
  8       social service agencies.
  9           (c) Preparation and dissemination of treatment resource information.
10       The secretary of social and rehabilitation services or the secretary's des-
11       ignee shall prepare the outreach information and referral materials and
12       shall disseminate the information and materials to all courts having juris-
13       diction to issue orders pursuant to this act.
14           (d) Compensation to treatment programs for services provided. Li-
15       censed treatment programs may apply to the secretary of social and re-
16       habilitation services or the secretary's designee for compensation for
17       treatment services provided to persons removed pursuant to this act. The
18       secretary shall adopt such rules and regulations as it deems appropriate
19       governing the treatment programs and the manner of dispensation of
20       compensation to such programs.
21           (e) Funding source for treatment services. Such compensation shall
22       be drawn from mandatory fines on all drug violators for treatment and
23       prevention.
24           Sec. 30. Notwithstanding any other provision of law, no landlord or
25       owner shall bear any responsibility or liability for relocating any person
26       who has been evicted, removed or barred pursuant to this act.
27           Sec. 31. If any one or more sections, clauses, sentences or parts of
28       this act shall for any reason be adjudged unconstitutional, the judgment
29       shall not affect the remaining provisions but shall be confined to the
30       specific provisions held to be unconstitutional.
31           Sec. 32. The provisions of this act shall be liberally construed to ef-
32       fectuate the remedial purposes, objectives and policies set forth in sec-
33       tions 2 and 3 and amendments thereto of this act.
34           Sec. 33. This act shall take effect and be in force from and after its
35       publication in the statute book.
36      
37