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 changes 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.
House Amendment 1
House Amendment 1 significantly expands the rights of unsheltered individuals and places clear legal limitations on how governments can regulate the use of public space by the homeless. It emphasizes due process, compassionate enforcement, and public health-focused intervention, rather than criminalization, while maintaining the ability to act in cases of genuine public safety threats.
Preemption of Local Ordinances:
The amendment to House Bill 1429 restricts local authority by making all ordinances and policies under the Counties Code, Municipal Code, Township Code, Downstate Forest Preserve District Code and Cook County Forest Preserve District Code, Park District Code and Chicago Park District Act subject to the provisions of the Bill of Rights for the Homeless Act.
The amendment also defines "enforcing agency" as a State agency or a unit of local government as well as its representatives.
Legal Protections for Unsheltered Homeless:
House Amendment 1 also outlines legal protections for individuals experiencing unsheltered homelessness in Illinois and clarifies how and when government entities may enforce regulations involving such individuals on public property. It also establishes limitations on the enforcement and responsibilities of local and state agencies.
Key Definitions:
• “Imminent risk” is defined as a situation where there is an immediate and substantial likelihood of death, serious illness, severe injury, or property destruction. This sets a high threshold for justifying enforcement actions against unsheltered individuals.
• “Life-sustaining activities” include basic human behaviors such as moving, resting, sleeping, eating, and protecting oneself from the elements. These are permitted on public property so long as they are not obstructive (e.g., blocking public ways).
• “Notice” requirements mandate that:
• Written notice must be posted 7 days before enforcement at or near the site and, if possible, on the belongings of the unsheltered person.
• Verbal notice must also be given during the same 7-day period if both parties are present.
• “Unsheltered homelessness” refers to lacking a fixed or regular residence and living on the streets due to unavailability of lawful, safe, indoor shelter.
Core Provisions:
• Prohibition on Penalties: Section (c) prohibits state agencies or local governments from issuing fines or criminal penalties against people for engaging in life-sustaining activities on public property if they are homeless.
• Allowable Enforcement: Section (d) allows enforcement only when it’s necessary to maintain public access or address serious health and safety risks.
• Conditions for Enforcement: Section (e) requires enforcement to comply with this Act and the Community Emergency Services and Support Act. Agencies must make a good faith effort to offer or refer people to shelter, transportation, and services.
• Emergency Enforcement (Section f): In urgent situations that pose imminent risks, enforcement can proceed with as much notice as practical, but the duty to provide or connect individuals with support services still applies.
Home Rule Limitation:
Section (g) preempts home rule authority, meaning no municipalities or counties cannot adopt conflicting rules. This ensures uniform statewide protections for homeless individuals.
Retroactive Prosecution:
Section (h) states that pending prosecutions prior to the bill’s effective date are not affected. However, if new penalties under HB 1429 are less severe than previous laws, the lighter penalties apply.
Legal Consequences:
Any ordinance or rule violating this section is declared void and unenforceable, reinforcing the enforceability and primacy of these protections.