North Carolina HB 437: Drug-Free Zones/Unauthorized Public Camping.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

HOUSE BILL 437
RATIFIED BILL

*H437-v-6*
AN ACT TO ESTABLISH DRUG-FREE HOMELESS SERVICE ZONES AND INCREASE
THE PUNISHMENT IMPOSED FOR COMMITTING CERTAIN DRUG OFFENSES IN
A DRUG-FREE HOMELESS SERVICE ZONE AND TO BAN UNAUTHORIZED
PUBLIC CAMPING OR SLEEPING IN THE STATE AND LOCAL GOVERNMENT
UNITS OF THE STATE.

The General Assembly of North Carolina enacts:

DRUG-FREE HOMELESS SERVICE ZONES
SECTION 1.(a) This section shall be known as "The Drug-Free Homeless Service
Zones Act."
SECTION 1.(b) G.S. 90-95(e) reads as rewritten:
"(e) The prescribed punishment and degree of any offense under this Article shall be
subject to the following conditions, but the punishment for an offense may be increased only by
the maximum authorized under any one of the applicable conditions:
...
(8) Any person 21 years of age or older who commits an offense under
G.S. 90-95(a)(1) on property used for a child care center, or for an elementary
or secondary school or within 1,000 feet of the boundary of real property used
for a child care center, or for an elementary or secondary school shall be
punished as a Class E felon. For purposes of this subdivision, the transfer of
less than five grams of marijuana for no remuneration shall not constitute a
delivery in violation of G.S. 90-95(a)(1). For purposes of this subdivision, a
child care center is as defined in G.S. 110-86(3)a., and that is licensed by the
Secretary of the Department of Health and Human Services.
(8a) Any person who commits an offense under G.S. 90-95(a)(1) in a drug-free
homeless service zone is guilty of a Class E felony if the person knows or
reasonably should know that it is a drug-free homeless service zone. Any
operator of a facility-based service who intentionally allows a person to
commit an offense under G.S. 90-95(a)(1) in a drug-free homeless service
zone is guilty of a Class H felony. For purposes of this subdivision, the transfer
of less than five grams of marijuana for no remuneration shall not constitute a
delivery in violation of G.S. 90-95(a)(1). The following definitions apply in
this subdivision:
a. Drug-free homeless service zone. – The following areas related to a
facility-based service:
1. If the facility-based service does not provide the services
described in sub-sub-subdivision 2. of this sub-subdivision, the
exterior and interior of any building and any accompanying
grounds used by a facility-based service and the area within
100 feet of that building or its accompanying grounds, if at
least one sign is permanently affixed in a visible manner at the

Page 2 House Bill 437-Ratified
exterior of the main entrance of the facility that identifies the
building and its accompanying grounds as a drug-free
homeless service zone. The presence of this sign shall raise a
presumption that the person committing the offense knows or
reasonably should know that it is a drug-free homeless service
zone.
2. If the facility-based service provides shelter or housing for
victims of domestic violence that may be endangered if the
purpose or location of the facility were to become known, the
interior of any building and any outdoor area that may only be
accessed by entering through the building used by a
facility-based service, if at least one sign is permanently
affixed in a visible manner inside the building and within 5 feet
of the main entrance of the facility that identifies the building
as a drug-free homeless service zone. The presence of this sign
shall raise a presumption that the person committing the
offense knows or reasonably should know that it is a drug-free
homeless service zone.
b. Facility-based service. – Any emergency or temporary shelter or
transitional housing provider that receives local, State, or federal funds
for the purpose of providing shelter to homeless persons.
c. Operator. – A sole proprietorship, corporation, partnership, joint
venture, limited partnership, limited liability partnership, limited
liability company, or any other entity or business association, or
contractor or subcontractor of the same, that is the recipient of local,
State, or federal funds to use for the provision of a facility-based
service.
...."
SECTION 1.(c) This section becomes effective December 1, 2026, and applies to
offenses committed on or after that date.

UNAUTHORIZED PUBLIC CAMPING AND SLEEPING
SECTION 2.(a) Article 9 of Chapter 160D of the General Statutes is amended by
adding a new section to read:
"§ 160D-917. Camping in public spaces.
(a) For purposes of this section, the following definitions shall apply:
(1) Department. – The North Carolina Department of Labor.
(2) Public camping or sleeping. – Lodging or residing overnight in a temporary
outdoor habitation used as a dwelling or living space and evidenced by the
erection of a tent or other temporary shelter, the presence of bedding or
pillows, or the storage of personal belongings or lodging or residing overnight
in an outdoor space without a tent or ot