HF 2584 (LSB 6885HV (2) 91)

HOUSE FILE 2584

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 705)

(As Amended and Passed by the House 2026-02-25)

A BILL FOR

An Act establishing drug-free homeless service zones, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  716.15  Drug-free homeless service zones.
   1.  A person commits a violation of this section if the person intentionally or knowingly does any of the following:
   a.  The person is present within a drug-free homeless service zone and unlawfully sells or transfers or attempts to unlawfully sell or transfer a controlled substance.
   b.  The person operates or has authority to enforce the policies and requirements of a facility-based drug-free homeless service zone that primarily serves homeless individuals and that receives state, local, or federal funding, and the person allows an individual accessing services to unlawfully possess or use a controlled substance on the premises of the facility.
   2.  An offense under subsection 1, paragraph “a”, is punishable as the same class of criminal violation for which the offense would be punishable under existing law had the violation not occurred within a drug-free homeless service zone, except that the presumptive, minimum, and maximum sentence for the offense shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under subsection 4. Notwithstanding any other law to the contrary, a person convicted under this section is not eligible for a deferred judgment, a deferred or suspended sentence, probation, or work release.
   3.  A person who is convicted of a violation of subsection 1, paragraph “b”, is guilty of an aggravated misdemeanor.
   4.  An operator of a facility-based drug-free homeless service zone who violates subsection 1, paragraph “b”, is ineligible to apply for homelessness assistance grants from the state for a period of three years from the date of conviction unless the operator terminates the employment of any employee or volunteer who commits a violation of subsection 1, paragraph “b”.
   5.  In addition to any other penalty, a person convicted of an offense under this title shall be punished by a fine of not less than two thousand dollars or three times the value as determined by the court of the drugs involved in or giving rise to the offense, whichever is greater. No fine under this subsection shall be suspended, in part or whole, for any reason.
   6.  a.  Each operator of a facility-based service that primarily serve homeless individuals shall place and maintain permanently affixed signs located in a conspicuous manner clearly visible to the public at the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height.
   b.  If the facility-based service provides shelter or housing for children or victims of domestic violence that may be endangered if the purpose or location of the facility became known, at least one sign shall be permanently affixed in a visible manner inside the building within five feet of the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height.
   7.  For the purposes of this section:
   a.  “Drug-free homeless service zone” means the area within three hundred feet of the premises of a facility-based service.
   b.  “Facility-based service” means any emergency or temporary shelter, transitional housing provider, or operator-owned permanent supportive housing entity that receives government funding for the purpose of providing shelter to homeless persons.
   c.  “Operator” means the sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that is the direct recipient of government funding for the provision of facility-based services.