homelessness rights; criminal liability

HB4123 - 572R - I Ver

REFERENCE TITLE:
homelessness rights; criminal liability

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4123

Introduced by

Representatives
Austin: Abeytia, Aguilar, Cavero, Crews, Garcia, Hernandez C, Liguori,
Sandoval, Simacek, Stahl Hamilton, Villegas, Volk

AN
ACT

Amending title 1, Arizona Revised
Statutes, by adding chapter 9; amending title 13, chapter 2, Arizona Revised
Statutes, by adding section 13-207; relating to homeless persons.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, Arizona Revised Statutes,
is amended by adding chapter 9, to read:

CHAPTER 9

HOMELESSNESS RIGHTS

ARTICLE 1. HOMELESS PERSONS' BILL OF RIGHTS

START_STATUTE
1-901.

Homeless persons' bill of rights; attorney fees and costs

A. A person's rights, privileges or
access to public services may not be denied or abridged solely because the
person is homeless. A homeless person has the same rights and
privileges as any other resident of this state.� A person experiencing
homelessness:

1. Has the right to use and move
freely in public spaces, including public sidewalks, public parks, public
transportation and public buildings, in the same manner as any other person and
without discrimination on the basis of the person's housing status.

2. Has the right to equal treatment
by all state, county and municipal agencies without discrimination on the basis
of housing status.

3. Has the right not to face
discrimination while seeking or maintaining employment due to the person's lack
of permanent mailing address or the person's mailing address being that of a
shelter or social service provider.

4. Has the right to emergency medical
care that is free from discrimination based on the person's housing status.

5. Has the right to vote, register to
vote and receive documentation that is necessary to prove identity for voting
without discrimination due to the person's housing status.

6. Has the right to both of the
following:

(
a
) Protection
from the person's records and information that is provided to homeless shelters
and service providers from being disclosed to state, county, municipal and
private entities without appropriate legal authority.

(
b
) Confidentiality
of personal records and information in accordance with all limits on disclosure
that are established by the federal homeless management information system, the
federal health insurance portability and accountability act and the federal
violence against women act.

7. Has the right to a reasonable
expectation of privacy in the person's personal property to the same extent as
personal property in a permanent residence.

8. Has the right to enter a homeless
shelter while possessing a service animal as defined in the Americans with
disability act as defined in section 41-1492.

B. In any civil action that alleges a
violation of this section, the court may award appropriate injunctive and
declaratory relief, actual damages and reasonable attorney fees and costs to a
prevailing plaintiff.
END_STATUTE

Sec. 2. Title 13, chapter 2, Arizona Revised
Statutes, is amended by adding section 13-207, to read:

START_STATUTE
13-207.

Criminal liability for sitting, sleeping or lying outside on
public property while homeless

Notwithstanding any other law, a person is not
criminally liable and may not be charged with or convicted of an offense that
prohibits the person from sitting, lying or sleeping in or on public property
if, at the time of the act, both of the following apply:

1. The person is homeless.

2. There is no space available for
the person to sleep in a homeless shelter.
END_STATUTE