S-0098.1
SENATE BILL 5028
State of Washington 69th Legislature 2025 Regular Session
By Senator Wagoner
Prefiled 12/10/24.
1 AN ACT Relating to statewide policy prohibiting unlawful camping
2 in the response to Grants Pass v. Johnson, 603 U.S.__(2024); adding a
3 new section to chapter 9A.52 RCW; creating a new section; and
4 prescribing penalties.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 NEW SECTION. Sec. 1. The state of Washington intends to
7 maintain a statewide policy on camping on public rights-of-way based
8 on the supreme court decision in Grants Pass v. Johnson, 603
9 U.S.__(2024). The legislature intends to maintain reasonable
10 penalties that are neither cruel, nor unusual. The legislature
11 recognizes that a reasonable statewide policy on camping and
12 homelessness requires adequate shelter space in communities across
13 Washington state.
14 NEW SECTION. Sec. 2. A new section is added to chapter 9A.52
15 RCW to read as follows:
16 (1) No person may camp in or upon any public property unless
17 specifically authorized by the public body with authority over the
18 property.
19 (2) At all times, regardless of the availability of shelter, it
20 is unlawful to camp on public property where such activity poses: (a)
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 1 A substantial danger to any person; (b) an immediate threat or an
2 unreasonable risk of harm to public health or safety; or (c) a
3 disruption to vital government services.
4 (3) At all times, regardless of the availability of shelter space
5 or beds, it is unlawful to camp or store personal property, including
6 camp facilities and camp paraphernalia, or to have unauthorized
7 encampments, at any time in the following locations: (a) Within three
8 blocks of any congregate shelter provided that signs are posted
9 prohibiting camping that are clearly visible to pedestrians; and (b)
10 in public within 1,000 feet of the perimeter of the grounds of a
11 park, a day care center or child care facility, as defined in RCW
12 35.63.170, or a public school defined in RCW 28A.150.010, or a
13 private school approved under RCW 28A.195.010.
14 (4) Penalties for violating this section shall be as follows:
15 (a) A first violation of this section is a class 3 civil
16 infraction, punishable by a fine up to $50;
17 (b) A second violation of this section is a class 1 civil
18 infraction punishable by a fine up to $250 and the violator shall be
19 ordered barred from the public place where the violation occurred for
20 a period of no less than 180 days;
21 (c) A third violation of this section is a misdemeanor.
22 Violations of orders issued under this section constitutes criminal
23 trespass under RCW 9A.52.080;
24 (d) Unless otherwise subject to custodial arrest on a warrant or
25 probable cause for another crime, individuals subject to enforcement
26 under this section shall be cited and released rather than being
27 booked into jail. With the exception of those who do not meet the
28 criteria for acceptance into a therapeutic court under chapter 2.30
29 RCW, individuals subject to enforcement under this section shall be
30 referred to a therapeutic court by officer citation.
31 (5) Law enforcement officers shall not issue a criminal citation
32 to enforce unauthorized camping under this section when an individual
33 is on public property at a time when there is no available overnight
34 shelter. Prior to issuing a citation to a homeless person who is
35 sleeping, lying, sitting, or camping outdoors, the police officer
36 must first confirm that a nearby 24/7 low-barrier shelter had
37 available space during the previous 24 hours that could have been
38 utilized by that individual. Confirmation of overnight shelter
39 availability may come from data provided through an approved data
40 system or through direct contact with a nearby low-barrier shelter,
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1 and shall consist of the following: (a) Whether a shelter has
2 available space for sleeping; (b) the number of available spaces; and
3 (c) the guests each shelter will accept (i.e., men, women, families
4 with children, etc.).
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