SB2250

SECTION 1. The legislature finds that homelessness is a growing concern not only in Hawaii but throughout the United States. The United States Department of Housing and Urban Development's 2024 annual assessment report, which provides annual national estimates of homelessness rates to Congress, found that homelessness increased by eighteen per cent from 2023 to 2024, accounting for approximately seven hundred seventy thousand people experiencing homelessness during that period. Among those experiencing homelessness, sixty-four per cent were staying in sheltered locations.

Although there is no singular direct cause of homelessness, there has been a correlation between drug use and homelessness. Several homeless-service studies have been conducted and estimate roughly thirty to forty per cent of people experiencing homelessness have a substance use disorder, although these statistics vary from state to state.

The legislature further finds that within the State, according to the 2024 point-in-time count and homeless point‑in‑time count conducted by Partners in Care and Bridging the Gap Continuum of Care, there were an estimated 6,389 people experiencing homelessness. On Oahu alone, there are 4,494 homeless individuals, and among them, twenty-six per cent self‑reported a substance abuse problem. Thus, the legislature recognizes that substance use is a considerable factor contributing to homelessness in Hawaii. As has been implemented in other states, steps must be taken to intervene in the drug market that preys on this vulnerable population.

Accordingly, the purpose of this Act is to amend section 712-1249.6, Hawaii Revised Statutes, to create drug-free zones around facilities that offer housing, shelter, or other assistance to homeless individuals.

SECTION 2. Section 712-1249.6, Hawaii Revised Statutes, is amended to read as follows:

"§712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, homeless facilities, or public housing projects or complexes. (1) A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, homeless facilities, or public housing projects or complexes if the person knowingly:

(a) Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a school, public park, homeless facility, or public housing project or complex;

(b) Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred and fifty feet of the real property comprising a school, public park, homeless facility, or public housing project or complex;

(c) Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children; or

(d) Manufactures methamphetamine or any of its salts, isomers, and salts of isomers, within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex.

(2) A person who violates subsection (1)(a), (b), or (c) is guilty of a class C felony. A person who violates subsection (1)(d) is guilty of a class A felony.

(3) Any person with prior conviction or convictions under subsection (1)(a), (b), or (c) is punishable by a term of imprisonment of not less than two years and not more than ten years.

(4) Any individual convicted under subsection (3) of this section shall not be eligible for parole until the individual has served the minimum sentence required by such subsection.

(5) For the purposes of this section, "school vehicle" means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section.

(6) For purposes of this section, "school" means any public or private preschool, kindergarten, elementary, intermediate, middle secondary, or high school.

(7) For purposes of this section, "public housing project or complex" means a housing project directly controlled, owned, developed, or managed by the Hawaii public housing authority pursuant to the federal or state low-rent public housing program.

(8) For purposes of this section, "homeless facility" means a development designed to provide shelter for homeless families or individuals pursuant to part XVII of chapter 346, and may include emergency or transitional shelters."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

THE SENATE	S.B. NO.	2250
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII