This bill aims to protect the rights of homeless individuals by prohibiting municipalities from imposing penalties for certain uses of public land. It defines "life-sustaining activities" such as resting, eating, and sleeping, and allows homeless individuals to engage in these activities on public land unless an "adequate alternative indoor space" is available. The bill also outlines specific rights for homeless individuals, including the ability to store personal possessions, pray, and occupy vehicles, while ensuring that their privacy is respected. Additionally, it provides civil remedies for violations and establishes that local ordinances inconsistent with this law are preempted.
Furthermore, the bill introduces an affirmative defense in criminal proceedings for individuals charged with violating laws that criminalize life-sustaining activities. If a homeless individual can demonstrate that they lacked access to adequate alternative indoor space, this defense can be invoked. The burden of proof lies with the municipality to show that such space was available. The bill also emphasizes that it does not interfere with existing rights against discrimination based on housing status or cruel and unusual punishment. The provisions of this bill will take effect on August 1, 2026, and will apply to actions accruing from that date.