North Carolina 2025-2026 Regular Session

North Carolina House Bill H437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 2
	3	+	H 1
4	4		HOUSE BILL 437
5		-	~~Committee Substitute Favorable 4/8/25~~
	5	+
6	6
7	7		Short Title: Establish Drug-Free Homeless Service Zones. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Representatives Rhyne, Chesser, and Pickett (Primary Sponsors).
	9	+	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
	10	+	Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
10	11		March 19, 2025
11		-	H437 -v-2
	12	+	H437 -v-1
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO ESTABLISH DRUG-FREE HOMELESS SERVICE ZONES AND INCREASE 2
14	15		THE PUNISHMENT IMPOS ED FOR COMMITTING CE RTAIN DRUG OFFENSES IN 3
15	16		A DRUG-FREE HOMELESS SERVICE ZONE. 4
16	17		The General Assembly of North Carolina enacts: 5
17	18		SECTION 1. This act shall be known as "The Drug-Free Homeless Service Zones 6
18	19		Act." 7
19	20		SECTION 2. G.S. 90-95(e) reads as rewritten: 8
20	21		"(e) The prescribed punishment and degree of any offense under this Article shall be 9
21	22		subject to the following conditions, but the punishment for an offense may be increased only by 10
22	23		the maximum authorized under any one of the applicable conditions: 11
23	24		… 12
24	25		(8) Any person 21 years of age or older who commits an offense under 13
25	26		G.S. 90-95(a)(1) on property used for a child care center, or for an elementary 14
26	27		or secondary school or within 1,000 feet of the boundary of real property used 15
27	28		for a child care center, or for an elementary or secondary school shall be 16
28	29		punished as a Class E felon. For purposes of this subdivision, the transfer of 17
29	30		less than five grams of marijuana for no remuneration shall not constitute a 18
30	31		delivery in violation of G.S. 90-95(a)(1). For purposes of this subdivision, a 19
31	32		child care center is as defined in G.S. 110-86(3)a., and that is licensed by the 20
32	33		Secretary of the Department of Health and Human Services. 21
33		-	(8a) Any person who commits an offense under G.S. 90-95(a)(1) in a drug-free 22
34		-	homeless service zone is guilty of a Class E felony if the person knows or 23
35		-	reasonably should know that it is a drug-free homeless service zone. Any 24
36		-	operator of a facility-based service who intentionally allows a person to 25
37		-	commit an offense under G.S. 90-95(a)(1) in a drug-free homeless service 26
38		-	zone is guilty of a Class H felony. For purposes of this subdivision, the transfer 27
39		-	of less than five grams of marijuana for no remuneration shall not constitute a 28
40		-	delivery in violation of G.S. 90-95(a)(1). The following definitions apply in 29
41		-	this subdivision: 30
42		-	a. Drug-free homeless service zone. – The following areas related to a 31
43		-	facility-based service: 32
44		-	1. If the facility-based service does not provide the services 33
45		-	described in sub-sub-subdivision 2. of this sub-subdivision, the 34
46		-	exterior and interior of any building and any accompanying 35
47		-	grounds used by a facility-based service and the area within 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 437-Second Edition
49		-	100 feet of that building or its accompanying grounds, if at 1
50		-	least one sign is permanently affixed in a visible manner at the 2
51		-	exterior of the main entrance of the facility that identifies the 3
52		-	building and its accompanying grounds as a drug-free 4
53		-	homeless service zone. The presence of this sign shall raise a 5
54		-	presumption that the person committing the offense knows or 6
55		-	reasonably should know that it is a drug-free homeless service 7
56		-	zone. 8
57		-	2. If the facility-based service provides shelter or housing for 9
58		-	victims of domestic violence that may be endangered if the 10
59		-	purpose or location of the facility were to become known, the 11
60		-	interior of any building and any outdoor area that may only be 12
61		-	accessed by entering through the building used by a 13
62		-	facility-based service, if at least one sign is permanently 14
63		-	affixed in a visible manner inside the building and within 5 feet 15
64		-	of the main entrance of the facility that identifies the building 16
65		-	as a drug-free homeless service zone. The presence of this sign 17
66		-	shall raise a presumption that the person committing the 18
67		-	offense knows or reasonably should know that it is a drug-free 19
68		-	homeless service zone. 20
69		-	b. Facility-based service. – Any (i) emergency or temporary shelter, 21
70		-	transitional housing provider, or permanent supportive housing entity 22
71		-	that receives local, State, or federal funds for the purpose of providing 23
72		-	shelter to homeless persons or (ii) other entity or facility that receives 24
73		-	local, State, or federal funds and primarily provides treatment, 25
74		-	preventive care, or other services to homeless persons. 26
75		-	c. Operator. – A sole proprietorship, corporation, partnership, joint 27
76		-	venture, limited partnership, limited liability partnership, limited 28
77		-	liability company, or any other entity or business association, or 29
78		-	contractor or subcontractor of the same, that is the recipient of local, 30
79		-	State, or federal funds to use for the provision of a facility-based 31
80		-	service. 32
81		-	…." 33
82		-	SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 34
83		-	committed on or after that date. 35
	34	+	(8a) Any person 21 years of age or older who commits an offense under 22
	35	+	G.S. 90-95(a)(1) in a drug-free homeless service zone is guilty of a Class E 23
	36	+	felony. Any operator of a facility-based service who intentionally allows a 24
	37	+	person to commit an offense under G.S. 90-95(a)(1) in a drug-free homeless 25
	38	+	service zone is guilty of a Class 1 misdemeanor. For purposes of this 26
	39	+	subdivision, the transfer of less than five grams of marijuana for no 27
	40	+	remuneration shall not constitute a delivery in violation of G.S. 90-95(a)(1). 28
	41	+	An operator of a facility-based service that primarily serves homeless 29
	42	+	individuals shall place and maintain at least one permanently affixed sign in a 30
	43	+	visible manner at the main entrance of the facility that identifies the building 31
	44	+	and its accompanying grounds as a drug-free homeless service zone. The 32
	45	+	following definitions apply in this subdivision: 33
	46	+	a. Drug-free homeless service zone. – The area within 300 feet of a 34
	47	+	facility-based service or its accompanying grounds. 35 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 437-First Edition
	49	+	b. Facility-based service. – Any (i) emergency or temporary shelter, 1
	50	+	transitional housing provider, or permanent supportive housing entity 2
	51	+	that receives local, State, or federal funds for the purpose of providing 3
	52	+	shelter to homeless persons or (ii) other entity or facility that receives 4
	53	+	local, State, or federal funds and primarily provides treatment, 5
	54	+	preventive care, or other services to homeless persons. 6
	55	+	c. Operator. – A sole proprietorship, corporation, partnership, joint 7
	56	+	venture, limited partnership, limited liability partnership, limited 8
	57	+	liability company, or any other entity or business association, or 9
	58	+	contractor or subcontractor of the same, that is the recipient of local, 10
	59	+	State, or federal funds to use for the provision of a facility-based 11
	60	+	service. 12
	61	+	…." 13
	62	+	SECTION 3. This act becomes effective December 1, 2025, and applies to offenses 14
	63	+	committed on or after that date. 15