 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
drug-free homeless zones
Purpose
Establishes drug-free homeless service zones and outlines drug-free homeless zone violations, penalties, fines and requirements.
Background
It is unlawful, in a drug-free school zone, for a person to: 1)
intentionally be present to sell or transfer marijuana, peyote,
prescription-only drugs, dangerous drugs or narcotic drugs;
2) possess or use marijuana, peyote, dangerous drugs or narcotic drugs; or 3)
manufacture dangerous drugs. A person who commits a drug-free school zone
offense is guilty of the same class of felony that the person would be guilty
of had the offense occurred outside of the drug-free school zone, except that
the presumptive, minimum and maximum sentence must be increased by one year. In
addition to any other penalty, the court must order a person who is convicted
of a violation in a drug-free school zone to pay a fine of at least $2,000 or
three times the amount of the value of the drug involved in the offense,
whichever is greater, as determined by the court. A judge may not suspend any
part of the fine (A.R.S.
ยง 13-3411).
The Joint Legislative Budget Committee estimates that H.B. 2437 could increase costs to the Arizona Department of Corrections, Rehabilitation and Reentry if individuals convicted under the enhanced sentencing requirements spend more time in prison than is currently required by law. H.B. 2437 may also generate additional revenue to the courts collected from the increased fines. However, the magnitude of this impact is unable to be determined in advance due to insufficient data regarding the number of illegal drug sales at homeless service facilities (JLBC fiscal note).
Provisions
1. Requires an operator of facility-based services that serve homeless individuals to adopt a formal policy that prohibits the use or possession of dangerous drugs or narcotics drugs within drug-free homeless service zones.
2. Makes it unlawful for a person to:
a) intentionally be present in a drug-free homeless service zone to sell or transfer dangerous or narcotic drugs; or
b) knowingly violate any formal policy adopted as outlined, including intentionally allowing the possession or use of dangerous or narcotic drugs in a drug-free homeless service zone as an employee of a facility-based service that primarily serves homeless individuals and receives state, local or federal monies.
3. Deems a person who is intentionally present in a drug-free homeless service zone to sell or transfer dangerous or narcotic drugs as:
a) guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug-free homeless service zone, except that the presumptive, minimum and maximum sentences must be increased by one year; and
b) ineligible for suspension of sentence, probation, pardon or release from confinement until the imposed sentence imposed by the court has been served or commuted, unless prescribed conditions apply.
4. Specifies that that enhanced sentence for intent to sell or transfer dangerous or narcotic drugs in a drug-free homeless service zone is in addition to any other available enhanced punishment, as outlined.
5.
Deems, as guilty of a class 1 misdemeanor, a person who knowingly
violates any adopted formal policy that prohibits the use or possession of
dangerous or narcotic drugs within
drug-free homeless service zones as outlined.
6. Requires the court to order a person who is convicted of a drug-free homeless service zone violation to pay a fine of at least $2,000 or three times the value, as determined by the court, of the drugs involved in or giving rise to the charge, whichever is greater, and not exceeding the statutory maximums, in addition to any other prescribed penalty.
7.
Prohibits a judge from suspending any part of
the imposition of any fine resulting from a
drug-free homeless service zone violation.
8. Exempts a person who possesses dangerous or narcotic drugs pursuant to a valid prescription from the outlined violations, enhanced penalties and fines related to drug-free homeless service zones.
9. Requires each operator or provider of facility-based services that primarily serve homeless individuals to place and maintain a permanently affixed sign located in a visible manner inside the facility and outside the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone.
10. Stipulates that, if the operator or provider of facility-based services primarily serves domestic violence victims or families, the operator or provider must place and maintain a permanently affixed sign located in a visible manner inside the facility that identifies the building as a drug-free homeless service zone.
11. Defines drug-free homeless service zone as a licensed facility and its accompanying grounds in which services, shelter or permanent supportive housing are provided to individuals experiencing homelessness.
12. Defines homeless individual as an individual who does not have a home or permanent place of residence.
13. Becomes effective on the general effective date.
House Action
JUD 2/5/25 DP 5-3-1-0
3rd Read 2/19/25 29-30-1
3rd Read* 3/10/25 31-25-4
*on reconsideration
Prepared by Senate Research
March 24, 2025
ZD/KS/ci