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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
HOUSE BILL 437
RATIFIED BILL
*H437-v-6*
AN ACT TO ESTABLISH DRUG-FREE HOMELESS S ERVICE ZONES AND INC REASE
THE PUNISHMENT IMPOS ED FOR COMMITTING CE RTAIN DRUG OFFENSES IN
A DRUG -FREE HOMELESS SERVICE ZONE AND TO BAN UNAUTHORIZED
PUBLIC CAMPING OR SL EEPING 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 secon dary 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 felon y 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 serv ice 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 a ny building and any accompanying
grounds used by a facility-based service and t he area within
100 feet of that building or its accompanying grounds, i f 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, t he
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 tem porary 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 other temporary shelter. The term does
not include (i) lodging or residing overnight in a motor vehicle that is
registered, insured, and located in a place where it may be lawfully used or
(ii) camping for recreational purposes on property designated for those
purposes.
(b) Except as provided in subsection (c) of this section, a local government may not
authorize or otherwise allow any person to regularly engage in public camping or sleeping on
any public property, including any pu blic building or its grounds and any public right -of-way
under the jurisdiction of the local government.
House Bill 437-Ratified Page 3
(c) The governing board of a local government may, by majority vote, designate property
owned by the local government within its jurisdictional boundaries to be used for a continuous
period of no longer than one year for the purposes of public camping or sleeping. Except for a
local government on the Unit Assistance List prepared by the Local Government Commission,
the local government shall, in making the property designation, establish and maintain minimum
standards and procedures related to the designated property for the purposes of:
(1) Ensuring the safety and security of the designated property and the persons
lodging or residing on the designated property.
(2) Maintaining sanitation, which must, at a minimum, include providing access
to clean and operable restrooms and running water.
(3) Coordinating with the appropriate department, agency, or entity to provide
access to behavioral health services, which must include substance abuse and
mental health treatment resources.
(4) Prohibiting illegal substance use and alcohol use on the designated property
and enforcing the prohibition against such use.
(d) The local government's designation of property under subsection (c) of this section
shall not become effective until the designated property is certified by the Department. To obtain
the certification, the local government shall submit a request to the Commissioner of Labor which
shall include documentation proving all of the following:
(1) There are not sufficient open beds in homeless shelters in the local
government for the homeless population of the local government.
(2) The designated property is not contiguous to property zoned for residential
use by the local government.
(3) The designated property would not adversely and materially affect the
property value or safety and security of other existing residential or
commercial property in the local government and would not negatively affect
the safety of children.
(4) The local government has developed a plan to satisfy the minimum standards
and procedures prescribed in subsection (c) of this section.
(e) Within 10 days after receipt of a request to certify a designated property , the
Department shall notify the local government o f the date the request was received and of any
omissions or errors in the request. The Department shall certify the designated property within
45 days after receipt of a complete submis sion from the local government, and the designated
property shall be deemed certified on the forty-fifth day if the Department takes no action.
(f) Within 30 days after certification of a designated property by the Department, the
local government shall publish the minimum standards and procedures required by subsection
(c) of this section on the local government's website. The local government shall continue to
make the standards and procedures publicly available for as long as any local government
property remains designated under subsection (d) of this section.
(g) The Department may inspect any designated property at any time, and the Department
shall provide notice to the local government recommending closure of the designated property if
the requirements of this section are no longer satisfied. A local government shall publish any
notice recommending closure on the local government's website not later than five business days
after receipt of the notice.
(h) Any resident of the local government, any owner of a business located in the local
government, or the Attorney General may bring a civil action in any court of competent
jurisdiction against the local government to enjoin a violation of subsection (b) of this section. If
the resident or business owner prevails in a civil action, the court may award reasonable expenses
incurred in bringing the civil action, including court costs, reasonable attorneys ' fees,
investigative costs, witness fees, and deposition costs. An application for an injunction under this
subsection shall be accompanied by an affidavit attesting to all of the following:
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(1) The applicant has provided written notice of the alleged violation to the
governing board of the local government via United States mail or electronic
mail addressed to the manager or administrator of the local government.
(2) The applicant has provided the local government with fifteen business days,
from the date the written notice was sent by the applicant, to cure the alleged
violation.
(3) The local gove rnment has failed to take all reasonable actions within its
governmental powers to cure the alleged violation within fifteen business days
from the date the written notice of the alleged violation was sent by the
applicant.
(i) This section does not apply during any time period in which:
(1) The Governor has declared a state of emergency pursuant to G.S. 166A-19.20.
(2) A local government has declared a state of emergency pursuant to
G.S. 166A-19.22."
SECTION 2.(b) No later than June 30, 2027, the Department of Labor shall adopt
the rules necessary to implement the provisions of this section.
SECTION 2.(c) Subsection (a) of this section becomes effective June 30, 2027. The
remainder of this section is effective when it becomes law.
EFFECTIVE DATE
SECTION 3. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 1st day of July, 2026.
s/ Rachel Hunt
President of the Senate
s/ Destin Hall
Speaker of the House of Representatives
_____________________________________
Josh Stein
Governor
Approved __________.m. this ______________ day of ___________________, 2026