Posted on: Tuesday, April 29, 2003

Proposal takes aim at drug houses

By Kevin Dayton
Advertiser Big Island Bureau

State lawmakers are proposing a new approach in the war on drugs by creating a legal team to target landlords who allow tenants to deal drugs.

State Attorney General Mark Bennett said he would use money appropriated by lawmakers for a "drug nuisance abatement unit" to seek civil court injunctions ordering owners to put a stop to drug dealing on their properties.

"In the cases where these kinds of houses are just wrecking neighborhoods, we want to try to use this law," Bennett said.

Bennett said he also hopes to create a statewide hotline residents could use to report drug houses in their communities.

House Bill 297 HD2 SD2 CD1 would set aside $100,000 in each of the next two years to finance the unit under the Department of the Attorney General. Bennett said that should pay for an investigator and a lawyer to file civil complaints against drug houses.

Earlier versions of the bill proposed creating a strike force made up of retired police officers to help stage raids on drug houses, but that plan failed after police balked at the idea.

The rewritten measure, which was agreed to by House and Senate negotiators last week, would allow the state to use a neighborhood nuisance law to seek civil injunctions ordering tenants and property owners to stop the drug dealing.

If the injunctions are ignored, the court could find the owners or tenants in contempt of court, opening them up to fines or jail time.

Bennett said he believes the court record in those cases would make it easier for the state or federal government to later pursue forfeiture, allowing authorities to seize the properties if the dealing continues.

Rep. Robert Herkes, D-5th (Ka'u, S. Kona), said he is pleased with the bill, although his original proposal for a strike force was dropped. Herkes said his constituents complain that it takes too long to close down even the most blatant dealers.

"What I'm saying is, I think we've got to get really aggressive," he said.

"We close some of these houses down and seize the house, boy, that will send a pretty strong message."