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

Edition 5 → Ratified · 4 edits

MODERATE

This bill was finalized into its ratified version, removing internal committee tracking dates and formatting markers while retaining the core policy. The substantive changes include clarifying the definition of public camping to explicitly include sleeping without a tent and adding specific exemptions for registered motor vehicles and recreational camping. The penalty structure for drug offenses in homeless service zones remains unchanged, and the effective date of December 1, 2026, is preserved.

Scope change

The scope of prohibited camping was expanded to cover sleeping without a tent, while new exemptions were added for lawful vehicle use and recreational camping.

DEFINITION

The definition of 'public camping or sleeping' was updated to explicitly include residing overnight without a tent or shelter, broadening the scope of prohibited activity.

New exemptions were added to the camping ban, excluding registered and insured motor vehicles used lawfully and camping for recreational purposes on designated property.

TECHNICAL

Internal legislative metadata, including committee substitute dates, session page numbers, and bill version markers, were removed to finalize the text.

Line numbers and inconsistent indentation from the draft version were standardized to match the official ratified format.

Edition 4 → Edition 5 · 2 edits

MINOR

The bill was renumbered from Edition 4 to Edition 5, indicating a procedural update. Substantively, the definition of a 'facility-based service' was narrowed by removing 'permanent supportive housing entities' from the list of eligible organizations. Additionally, the definition of unauthorized camping was expanded to include the storage of personal belongings as evidence of lodging.

Scope change

The scope of organizations subject to drug-free zone rules was reduced by excluding permanent supportive housing entities.

ELIGIBILITY

Removed 'permanent supportive housing entity' from the list of facility-based services eligible for drug-free zone protections.

DEFINITION

Added 'pillows' and 'storage of personal belongings' to the list of items that constitute unauthorized camping or sleeping.

Edition 3 → Edition 4 · 3 edits

MINOR

The bill was updated to reflect its adoption by the Senate Health Care Committee and renumbered to Edition 4. A significant substantive change occurred in the definitions section, where the agency responsible for overseeing public camping rules was switched from the Department of Health and Human Services to the Department of Labor. Additionally, the definition of unauthorized camping was expanded to explicitly include the erection of tents or other temporary shelters.

Scope change

The bill's scope regarding enforcement authority changed by assigning oversight to the Department of Labor instead of the Department of Health and Human Services.

TECHNICAL

Added a new line item indicating adoption by the Senate Health Care Committee on June 11, 2026.

DEFINITION

Changed the responsible agency for public camping regulations from the Department of Health and Human Services to the Department of Labor.

Expanded the definition of public camping to explicitly include the erection of tents or other temporary shelters.

Edition 2 → Edition 3 · 4 edits

MODERATE

The bill was updated to include a new provision banning unauthorized public camping and sleeping, while also changing the short title to reflect this broader scope. The effective date for the drug-free zone provisions was extended from 2025 to 2026, and the text was reorganized to separate the drug-free zone rules from the new camping ban.

Scope change

The bill's scope expanded to include a ban on unauthorized public camping and sleeping in state and local government units, in addition to the existing drug-free homeless service zone provisions.

SCOPE

Added a new section banning unauthorized public camping or sleeping in state and local government units.

TIMELINE

Changed the effective date for the drug-free zone provisions from December 1, 2025, to December 1, 2026.

TECHNICAL

Updated the short title from 'Establish Drug-Free Homeless Service Zones' to 'Drug-Free Zones/Unauthorized Public Camping' to reflect the new camping ban.

Reorganized the bill's structure to separate the drug-free zone definitions from the new camping prohibition.

Edition 1 → Edition 2 · 4 edits

MODERATE

The bill was revised to lower the penalty for facility operators from a Class 1 misdemeanor to a Class H felony and to remove the age requirement for criminal liability. Additionally, the definition of a 'drug-free homeless service zone' was expanded to include specific areas for domestic violence shelters and to establish a legal presumption that individuals know they are in such a zone if a sign is posted.

Scope change

The scope of criminal liability was broadened to include anyone committing offenses in the zone regardless of age, and the definition of the zone was expanded to cover specific interior areas of domestic violence shelters.

ENFORCEMENT

The penalty for facility operators who allow drug offenses on their property was reduced from a Class 1 misdemeanor to a Class H felony.

ELIGIBILITY

The age requirement for criminal liability was removed, making any person, regardless of age, subject to felony charges for drug offenses in the zone if they know or should know about the zone.

DEFINITION

The definition of a 'drug-free homeless service zone' was expanded to include the interior of buildings and outdoor areas accessible only through the building for domestic violence shelters, provided a sign is posted.

New provisions create a legal presumption that a person knows or should know they are in a drug-free zone if a permanently affixed sign is visible at the entrance.

A1: ADC-23-V-5 → Edition 1 · 5 edits

MODERATE

This bill transforms a draft amendment into a final legislative act establishing 'Drug-Free Homeless Service Zones.' It creates new felony penalties for drug offenses committed within 300 feet of homeless shelters and expands the legal definition of who operates a 'facility-based service' to include permanent supportive housing and treatment providers, while also setting a specific effective date.

Scope change

The bill's scope expanded from a specific amendment to a standalone act that applies to a broader range of facilities, including permanent supportive housing and treatment centers, not just emergency shelters.

REQUIREMENT

Establishes a new 'Drug-Free Homeless Service Zone' as a 300-foot area around facility-based services where drug offenses are punished as Class E felonies.

DEFINITION

Broadened the definition of 'facility-based service' to include permanent supportive housing entities, treatment providers, and preventive care facilities, in addition to emergency shelters.

Added a new definition for 'Operator' to clarify which entities are responsible for maintaining signage and enforcing the zone rules.

TIMELINE

Set the effective date of the new penalties to December 1, 2025.

TECHNICAL

Removed draft amendment markers, committee signatures, and procedural notes regarding the bill's history.

Filed → A1: ADC-23-V-5 · 3 edits

MINOR

This document is an amendment to House Bill 437, which establishes 'Drug-Free Homeless Service Zones' to increase penalties for drug offenses near shelters. The amendment clarifies the definition of 'facility-based service' to include entities receiving federal funds and modifies the administrative process for designating these zones to allow more time for local governments to correct violations before enforcement.

Scope change

The bill's scope of applicability was refined by expanding the definition of eligible facilities and adjusting the procedural timeline for designating zones.

DEFINITION

The definition of 'facility-based service' was rewritten to ensure it explicitly includes any emergency shelter or transitional housing provider that receives local, state, or federal funds for providing shelter to homeless persons.

REQUIREMENT

The requirements for designating a drug-free zone were updated to require local governments to be given fifteen business days to cure an alleged violation before the applicant can proceed.

The method for notifying local governments of alleged violations was changed to allow delivery via United States mail or electronic mail to the manager or administrator.

Drug-Free Zones/Unauthorized Public Camping.

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