Summary as Introduced
Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers.
Staff Analysis
House Bill 1429 proposes amendments to the Bill of Rights for the Homeless Act. The bill seeks to prohibit the State and local governments from enacting or enforcing policies that impose fines or criminal penalties on individuals experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Life-sustaining activities are defined to include actions such as moving, resting, sitting, standing, lying down, sleeping, protecting oneself from the elements, eating, drinking, and storing personal property necessary for shelter.
Impact on County Authority:
HB 1429 would limit the authority of counties and other local governmental units by preempting them from passing or enforcing ordinances that criminalize life-sustaining activities of individuals experiencing homelessness on public property. Exceptions are provided for maintaining public access to property or addressing serious and imminent risks to public health and safety. Before enforcement actions, and barring emergencies, authorities are required to provide a seven-day notice to the individuals affected. Additionally, enforcement entities must make a good faith effort to offer or refer individuals to transportation, social services, and other resources to address their immediate shelter and long-term housing needs.
Impact on Public Safety:
The bill introduces a necessity defense for individuals experiencing unsheltered homelessness who face charges for engaging in life-sustaining activities on public property. This defense allows such individuals to argue that their actions were necessary to avoid a greater harm, given their lack of shelter options.
The necessity defense is a legal principle permitting individuals to break certain laws if doing so prevents more significant harm. In the context of HB 1429, this means that individuals experiencing homelessness can use this defense when charged with violating laws that criminalize essential activities like sleeping or eating in public spaces, asserting that their actions were necessary due to the absence of shelter. This may embolden individuals to violate existing laws.
HB 1429 aims to reduce the penalization of individuals for engaging in necessary life-sustaining activities. The bill includes provisions that allow enforcement actions without fines or criminal penalties to maintain public access or address serious and imminent risks to public health and safety.