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N.C. House passes bill creating drug-free homeless service zones amid provider objections
Summary
House Bill 4 37 passed 76-36 to establish drug-free homeless service zones with felony penalties for dealers and, in some cases, operators who 'intentionally allow' drug activity. Homeless-service providers and some lawmakers warned the measure could stigmatize residents and expose providers to criminal liability.
The North Carolina House on April 15 passed House Bill 4 37, creating new criminal penalties for manufacturing, selling or delivering controlled substances in designated "drug-free homeless service zones" and exposing facility operators to felony charges if they "intentionally allow" such activity. The bill passed on its third reading and will be sent to the Senate after a recorded second-reading vote of 76 to 36.
Representative Bridal of Lincoln, the bill sponsor, said the measure would protect vulnerable people who gather at shelters and supportive-service sites by discouraging dealers from targeting those locations. "By making homeless shelters drug free zones, we reduce the opportunity for these criminal elements to further victimize the homeless while holding the operators of these facilities accountable," Bridal said on the floor.
Several members and witnesses raised concerns that the bill's language could inadvertently criminalize or stigmatize providers and residents. Representative Greenfield, citing a letter signed by approximately 140 homeless-service providers, read concerns that the bill could force permanent supportive housing sites to post signage labeling them as a "drug free homeless service zone," which providers said would work against destigmatization and might damage trust with clients. She also warned that operators could face class H felonies if law enforcement determined they had "intentionally allowed" drug dealing on or within 100 feet of property.
Representative Chester, speaking from a law-enforcement perspective, said supporters intended to target dealers rather than people who use drugs and noted legal elements such as possession-with-intent and documented investigations would be required to establish operator liability. Representative Butler, who relayed conversations with the director of a long-standing shelter, said mandatory designation of shelters singled out homeless facilities and could erode trust and access to services for the people they serve.
House supporters urged the measure as a tool to protect vulnerable populations and requested that appropriate enforcement and accountability standards be used. Opponents requested funding and design considerations to make campuses safer without imposing criminal liabilities on service providers.
After floor debate and recorded voting, House Bill 4 37 passed second reading 76-36 and its third reading on the floor; it will move to the Senate for consideration.
