CHAPTER 18 HOUSE BILL No. 2769 An  Act concerning criminal procedure; relating to abatement of common nuisances;
amending K.S.A. 22-3901 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 22-3901 is hereby amended to read as follows: 22-
3901. The following unlawful activities and the use of real and personal
property in maintaining and carrying on such activities are hereby de-
clared to be common nuisances:

      (a) Commercial gambling;

      (b) dealing in gambling devices;

      (c) possession of gambling devices;

      (d) promoting obscenity;

      (e) promoting prostitution;

      (f) habitually promoting prostitution;

      (g) violations of any law regulating controlled substances;

      (h) habitual violations of any law regulating the sale or exchange of
alcoholic liquor or cereal malt beverages, by any person not licensed pur-
suant to chapter 41 of the Kansas Statutes Annotated; or

      (i) habitual violations of any law regulating the sale or exchange of
cigarettes or tobacco products, by any person not licensed pursuant to
article 33 of chapter 79 of the Kansas Statutes Annotated.; or

      (j) any felony committed for the benefit of, at the direction of, or in
association with any criminal street gang, with the specific intent to pro-
mote, further or assist in any criminal conduct by gang members. As used
in this subsection, ``criminal street gang'' means any organization, asso-
ciation or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more
person felonies or felony violations of the uniform controlled substances
act, K.S.A. 65-4101 et seq., and amendments thereto, which has a common
name or common identifying sign or symbol, whose members, individually
or collectively engage in or have engaged in the commission, attempted
commission, conspiracy to commit or solicitation of two or more person
felonies or felony violations of the uniform controlled substances act,
K.S.A. 65-4101 et seq., and amendments thereto, or any substantially sim-
ilar offense from another jurisdiction.

      Any real property used as a place where any such activities are carried
on or permitted to be carried on and any effects, equipment, parapher-
nalia, fixtures, appliances, musical instruments or other personal property
designed for and used on such premises in connection with such unlawful
activities are subject to the provisions of K.S.A. 22-3902, 22-3903 and 22-
3904, and amendments thereto. 
Sec.  2. K.S.A. 22-3901 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 1, 2002.
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