(a) As used herein:(1) “Assaultive charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-13-101, § 39-13-102, § 39-13-103, § 39-13-109, § 39-13-111, § 39-13-113, § 39-13-116, § 39-16-515, § 39-16-602, § 39-16-603, § 39-17-302, § 39-17-303, § 39-17-304, § 39-17-305, § 39-17-308, § 39-17-313, or § 39-17-315;(2) “Drug-related charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-13-210(a)(3), § 39-15-402(a)(2) or (4), § 39-17-417, § 39-17-418, § 39-17-422, § 39-17-423, § 39-17-425, § 39-17-432, § 39-17-433, § 39-17-434, § 39-17-435, § 39-17-438, § 39-17-452, § 39-17-453, § 39-17-454, § 39-17-455, § 39-17-456, § 53-11-402, § 53-10-104, or § 53-10-105;(3) “Firearm-related charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-14-702, § 39-17-1303, § 39-17-1304, § 39-17-1307, § 39-17-1319, § 39-17-1320, § 39-17-1321, § 39-17-1324, or § 39-17-1362;(4) “Lewdness” includes all matter of lewd sexual conduct or live exhibition, and includes, but is not limited to, possession, sale or exhibition of any:(A) Obscene films or plate positives;(B) Films designed to be projected upon a screen for exhibition; or(C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition;(5) “Nuisance” means that which is declared to be a nuisance by other statutes, and, in addition, means:(A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402, unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 – 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, or §§ 39-17-1003 – 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes;(B) A criminal gang, as defined by § 40-35-121(a), that regularly engages in gang related conduct. “Gang related conduct” occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a), regularly engages in the following:(i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person;(ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307, knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons;(iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another;(iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402, or controlled substance analogue, as defined in § 39-17-454, knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401, or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310;(v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401;(vi) Criminal trespassing in violation of § 39-14-405;(vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang;(viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang;(ix) Engaging in a criminal gang offense as defined by § 40-35-121(a);(x) Disorderly conduct in violation of § 39-17-305; or(xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156; or(C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken;(6) “Person” means and includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee; (7) “Place” means and includes any building, room enclosure or vehicle, or separate part or portion thereof or the ground itself and all the property on which the nuisance is located that is under the ownership, management or control of the violator.(8) “Property-related or juvenile-related charge” means a warrant or citation has been issued or a grand jury has returned a true bill or, for juveniles, delinquency proceedings have been initiated for a violation of § 39-14-505, § 39-15-403, § 39-15-404, § 39-15-408, § 39-17-502, § 39-17-503, § 39-17-504, § 39-17-505, § 39-17-1504, § 39-17-1505, or § 37-1-156; and(9) “Sexually related charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-13-513, § 39-13-514, § 39-13-515, § 39-13-516, § 39-13-517, § 39-17-902, § 39-17-909, § 39-17-910, § 39-17-911, § 39-17-914, § 39-17-918, §§ 39-17-1003 - 39-17-1005, § 40-39-211(f), or § 40-39-215.
(1) “Assaultive charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-13-101, § 39-13-102, § 39-13-103, § 39-13-109, § 39-13-111, § 39-13-113, § 39-13-116, § 39-16-515, § 39-16-602, § 39-16-603, § 39-17-302, § 39-17-303, § 39-17-304, § 39-17-305, § 39-17-308, § 39-17-313, or § 39-17-315;
(2) “Drug-related charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-13-210(a)(3), § 39-15-402(a)(2) or (4), § 39-17-417, § 39-17-418, § 39-17-422, § 39-17-423, § 39-17-425, § 39-17-432, § 39-17-433, § 39-17-434, § 39-17-435, § 39-17-438, § 39-17-452, § 39-17-453, § 39-17-454, § 39-17-455, § 39-17-456, § 53-11-402, § 53-10-104, or § 53-10-105;
(3) “Firearm-related charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-14-702, § 39-17-1303, § 39-17-1304, § 39-17-1307, § 39-17-1319, § 39-17-1320, § 39-17-1321, § 39-17-1324, or § 39-17-1362;
(4) “Lewdness” includes all matter of lewd sexual conduct or live exhibition, and includes, but is not limited to, possession, sale or exhibition of any:(A) Obscene films or plate positives;(B) Films designed to be projected upon a screen for exhibition; or(C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition;
(A) Obscene films or plate positives;
(B) Films designed to be projected upon a screen for exhibition; or
(C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition;
(5) “Nuisance” means that which is declared to be a nuisance by other statutes, and, in addition, means:(A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402, unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 – 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, or §§ 39-17-1003 – 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes;(B) A criminal gang, as defined by § 40-35-121(a), that regularly engages in gang related conduct. “Gang related conduct” occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a), regularly engages in the following:(i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person;(ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307, knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons;(iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another;(iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402, or controlled substance analogue, as defined in § 39-17-454, knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401, or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310;(v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401;(vi) Criminal trespassing in violation of § 39-14-405;(vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang;(viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang;(ix) Engaging in a criminal gang offense as defined by § 40-35-121(a);(x) Disorderly conduct in violation of § 39-17-305; or(xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156; or(C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken;
(A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402, unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 – 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, or §§ 39-17-1003 – 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes;
(B) A criminal gang, as defined by § 40-35-121(a), that regularly engages in gang related conduct. “Gang related conduct” occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a), regularly engages in the following:(i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person;(ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307, knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons;(iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another;(iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402, or controlled substance analogue, as defined in § 39-17-454, knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401, or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310;(v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401;(vi) Criminal trespassing in violation of § 39-14-405;(vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang;(viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang;(ix) Engaging in a criminal gang offense as defined by § 40-35-121(a);(x) Disorderly conduct in violation of § 39-17-305; or(xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156; or
(i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person;
(ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307, knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons;
(iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another;
(iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402, or controlled substance analogue, as defined in § 39-17-454, knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401, or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310;
(v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401;
(vi) Criminal trespassing in violation of § 39-14-405;
(vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang;
(viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang;
(ix) Engaging in a criminal gang offense as defined by § 40-35-121(a);
(x) Disorderly conduct in violation of § 39-17-305; or
(xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156; or
(C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken;
(6) “Person” means and includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee;
(7) “Place” means and includes any building, room enclosure or vehicle, or separate part or portion thereof or the ground itself and all the property on which the nuisance is located that is under the ownership, management or control of the violator.
(8) “Property-related or juvenile-related charge” means a warrant or citation has been issued or a grand jury has returned a true bill or, for juveniles, delinquency proceedings have been initiated for a violation of § 39-14-505, § 39-15-403, § 39-15-404, § 39-15-408, § 39-17-502, § 39-17-503, § 39-17-504, § 39-17-505, § 39-17-1504, § 39-17-1505, or § 37-1-156; and
(9) “Sexually related charge” means a warrant or citation has been issued or a grand jury has returned a true bill for a violation of § 39-13-513, § 39-13-514, § 39-13-515, § 39-13-516, § 39-13-517, § 39-17-902, § 39-17-909, § 39-17-910, § 39-17-911, § 39-17-914, § 39-17-918, §§ 39-17-1003 - 39-17-1005, § 40-39-211(f), or § 40-39-215.
(b) Any person who uses, occupies, establishes or conducts a nuisance, or aids or abets therein, and the owner, agent or lessee of any interest in any such nuisance, together with the persons employed in or in control of any such nuisance by any such owner, agent or lessee, is guilty of maintaining a nuisance and such nuisance shall be abated as provided hereinafter.
(c) All motor vehicles, furnishings, fixtures, equipment, moneys and stock, used in or in connection with the maintaining or conducting of a nuisance, are subject to seizure, immediately upon detection by any law enforcement officer and are subject to forfeiture to the state by order of a court having jurisdiction upon application by any of the officers or persons authorized by § 29-3-102, to bring action for the abatement of such nuisance; provided, that seizure for the possession of obscene matter shall be in accordance with §§ 39-17-901 – 39-17-908 and seizure for violations of §§ 39-17-1003 – 39-17-1005 shall be in accordance with §§ 39-17-1006 and 39-17-1007. Any property so forfeited shall be disposed of by public auction or as otherwise provided by law.
(d) All moneys from such forfeiture and all proceeds realized from the enforcement of this section shall be paid equally into the general funds of the state and the general funds of the political subdivision or other public agency, if any, whose officers made the seizure, except as otherwise provided by law.
(e) (1) Upon a person's second or subsequent conviction for promoting prostitution or patronizing prostitution, any vehicle in which such offense was committed is subject to seizure and forfeiture in accordance with the procedure established in title 39, chapter 11, part 7; provided, however, that nothing contained within this subsection (e) shall be construed to authorize seizure of such vehicle at any time prior to such conviction.(2) Subdivision (e)(1) applies only if the violations making the vehicle subject to seizure and forfeiture occur in Tennessee and at least one (1) of the previous violations occurs on or after July 1, 2002, and the second or subsequent offense after July 1, 2002, occurs within five (5) years of the most recent prior offense occurring after July 1, 2002.
(1) Upon a person's second or subsequent conviction for promoting prostitution or patronizing prostitution, any vehicle in which such offense was committed is subject to seizure and forfeiture in accordance with the procedure established in title 39, chapter 11, part 7; provided, however, that nothing contained within this subsection (e) shall be construed to authorize seizure of such vehicle at any time prior to such conviction.
(2) Subdivision (e)(1) applies only if the violations making the vehicle subject to seizure and forfeiture occur in Tennessee and at least one (1) of the previous violations occurs on or after July 1, 2002, and the second or subsequent offense after July 1, 2002, occurs within five (5) years of the most recent prior offense occurring after July 1, 2002.
(f) (1) The occurrence of any of the circumstances described in subdivision (f)(2), or any combination thereof, is prima facie evidence of a nuisance per se and the existence thereof for which any of the respective officers or persons named in § 29-3-102 in the name of the state may avail themselves of any remedies available at law or in equity.(2) Prima facie evidence of a nuisance and the existence thereof is established when any of the respective officers or persons named in § 29-3-102 notifies the owner of a place or property in writing of:(A) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in sexually related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a sexually related charge that is the subject of such notice, another additional unrelated incident occurs that results in a sexually related charge;(B) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in drug-related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a drug-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a drug-related charge;(C) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in assaultive charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in an assaultive charge that is the subject of such notice, another additional unrelated incident occurs that results in an assaultive charge;(D) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in firearm-related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a firearm-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a firearm-related charge; or(E) Three (3) or more unrelated incidents occurring within a period of thirty-six (36) months on the same parcel of real property that result in property-related or juvenile-related charges and, after the receipt of such notice and within thirty-six (36) months of the first of the incidents resulting in a property-related or juvenile-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a property-related or juvenile-related charge.(3) This subsection (f) does not apply to:(A) A healthcare provider licensed, registered, certified, or otherwise permitted under title 33, title 63, or title 68 to administer health care in the ordinary course of business or practice of a profession;(B) An alcohol and drug prevention and/or treatment facility or recovery residence, as defined in § 33-2-1401;(C) A licensed DUI school;(D) A facility licensed or certified by the department of mental health and substance abuse services, including certified recovery court programs, or the department of health;(E) A facility licensed by the health facilities commission;(F) A facility approved by the department of education; or(G) A treatment program operated by the department of correction.
(1) The occurrence of any of the circumstances described in subdivision (f)(2), or any combination thereof, is prima facie evidence of a nuisance per se and the existence thereof for which any of the respective officers or persons named in § 29-3-102 in the name of the state may avail themselves of any remedies available at law or in equity.
(2) Prima facie evidence of a nuisance and the existence thereof is established when any of the respective officers or persons named in § 29-3-102 notifies the owner of a place or property in writing of:(A) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in sexually related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a sexually related charge that is the subject of such notice, another additional unrelated incident occurs that results in a sexually related charge;(B) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in drug-related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a drug-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a drug-related charge;(C) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in assaultive charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in an assaultive charge that is the subject of such notice, another additional unrelated incident occurs that results in an assaultive charge;(D) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in firearm-related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a firearm-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a firearm-related charge; or(E) Three (3) or more unrelated incidents occurring within a period of thirty-six (36) months on the same parcel of real property that result in property-related or juvenile-related charges and, after the receipt of such notice and within thirty-six (36) months of the first of the incidents resulting in a property-related or juvenile-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a property-related or juvenile-related charge.
(A) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in sexually related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a sexually related charge that is the subject of such notice, another additional unrelated incident occurs that results in a sexually related charge;
(B) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in drug-related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a drug-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a drug-related charge;
(C) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in assaultive charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in an assaultive charge that is the subject of such notice, another additional unrelated incident occurs that results in an assaultive charge;
(D) Three (3) or more unrelated incidents occurring within a period of twenty-four (24) months on the same parcel of real property that result in firearm-related charges and, after the receipt of such notice and within twenty-four (24) months of the first of the incidents resulting in a firearm-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a firearm-related charge; or
(E) Three (3) or more unrelated incidents occurring within a period of thirty-six (36) months on the same parcel of real property that result in property-related or juvenile-related charges and, after the receipt of such notice and within thirty-six (36) months of the first of the incidents resulting in a property-related or juvenile-related charge that is the subject of such notice, another additional unrelated incident occurs that results in a property-related or juvenile-related charge.
(3) This subsection (f) does not apply to:(A) A healthcare provider licensed, registered, certified, or otherwise permitted under title 33, title 63, or title 68 to administer health care in the ordinary course of business or practice of a profession;(B) An alcohol and drug prevention and/or treatment facility or recovery residence, as defined in § 33-2-1401;(C) A licensed DUI school;(D) A facility licensed or certified by the department of mental health and substance abuse services, including certified recovery court programs, or the department of health;(E) A facility licensed by the health facilities commission;(F) A facility approved by the department of education; or(G) A treatment program operated by the department of correction.
(A) A healthcare provider licensed, registered, certified, or otherwise permitted under title 33, title 63, or title 68 to administer health care in the ordinary course of business or practice of a profession;
(B) An alcohol and drug prevention and/or treatment facility or recovery residence, as defined in § 33-2-1401;
(C) A licensed DUI school;
(D) A facility licensed or certified by the department of mental health and substance abuse services, including certified recovery court programs, or the department of health;
(E) A facility licensed by the health facilities commission;
(F) A facility approved by the department of education; or
(G) A treatment program operated by the department of correction.