HA1TOHB135 • 2025

This Amendment makes the following changes to HB 135: 1.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Phillips
Last action: 2026-04-30
Official status: Introduced and Placed With Bill
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on enforcement or penalties for non-compliance, leaving this as an unknown.

Changes to HB 135

This amendment changes HB 135 by removing requirements for indefinite indoor space availability, clarifying public space definitions, and adding rules about how laws apply to homeless individuals.

What This Bill Does

Removes the need for an alternative indoor space to be available indefinitely for someone without a home.
Says that adequate indoor space must reasonably fit a person's personal items.
Defines public spaces as areas owned or controlled by government and open to everyone, like parks and sidewalks.
Explains that private property and places with special access rules are not considered public spaces.
Allows governments to set time limits or fees for using public spaces if they apply equally to all people.
Adds a rule saying homeless individuals must follow other state laws as long as those laws aren't unfairly targeted at them.

Who It Names or Affects

People experiencing homelessness
Local and state governments

Terms To Know

Public space: An area owned or controlled by the government that is open to everyone without special restrictions.
Indefinitely: Without a set end time; forever.

Limits and Unknowns

The bill does not specify how long an alternative indoor space must be available for someone who is homeless.
It's unclear what specific laws might disproportionately target individuals experiencing homelessness.
The amendment doesn't provide details on enforcement or penalties for non-compliance.

Bill History

2026-04-30 Delaware General Assembly
Introduced and Placed With Bill

Official Summary Text

This Amendment makes the following changes to HB 135:
1. Removes the requirement that an alternative indoor space be available “indefinitely” to an individual experiencing homelessness.
2. Clarifies that adequate alternative indoor space must “reasonably” accommodate an individual’s personal property.
3. Replaces the definition of public space with a definition that clarifies that a public space is limited to an outdoor or indoor area owned or controlled by a governmental entity that is open to the general public without restriction as to the identity or purpose of those present.
4. Clarifies that a public space does not include private property.
5. Clarifies that a public space does not include a facility or area that is restricted to a specific intended user and is not open to the public at-large such as public schools.
6. Clarifies that a public space is not a space that requires a permit, license, or registration to access.
7. Clarifies that State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness.
8. Deletes a provision from the bill that creates an affirmative defense to a violation of a statute or ordinance that criminalizes life-sustaining activities.
9. Adds a provision to the bill that clarifies that individuals experiencing homelessness are still subject to all other laws of the State, including laws protecting public safety so long as the laws are not enforced in a manner that disproportionately targets individuals experiencing homelessness.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Phillips

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 135

AMEND House Bill No. 135 on line 10 by deleting “

indefinitely

” as it appears therein.

FURTHER AMEND House Bill No. 135 on line 16 by deleting “

Accommodate

” and inserting in lieu thereof the following: “

Reasonably accommodate

”.

FURTHER AMEND House Bill No. 135 by deleting lines 42 through 46 in their entirety and inserting in lieu thereof the following:

“

(4) a. “Public space” means an outdoor or indoor area owned or controlled by a State or local governmental entity that is open to the general public without restriction as to the identity or purpose of those present, and includes streets, sidewalks, parks, plazas, parking lots, public transportation facilities, underpasses, and lands adjacent to roadways. Public space does not mean any of the following:

1. Private real property that is not owned or controlled by a State or local government.

2. A facility or area that is restricted to a specific intended user and is not open to the general public such as public schools, correctional institutions, or public hospitals.

3. An area that requires a permit, license, or registration to access.

b. State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness.

”.

FURTHER AMEND House Bill No. 135 by deleting lines 69 through 75 in their entirety.

FURTHER AMEND House Bill No. 135 on line 76 by deleting “

§ 8204.

” as it appears therein and inserting in lieu thereof the following: “

§ 8203.

”.

FURTHER AMEND House Bill No. 135 on line 80 by deleting “

§ 8205.

” as it appears therein and inserting in lieu thereof the following: “

§ 8204.

”.

FURTHER AMEND House Bill No. 135 on line 90 by deleting “

§ 8206.

” as it appears therein and inserting in lieu thereof the following: “

§ 8205.

”.

FURTHER AMEND House Bill No. 135 after line 94 and before line 95 by inserting the following:

“

§ 8206. Construction; effect on other laws.

Nothing in this chapter limits or precludes the enforcement or prosecution of any other law of this State, including a law protecting public safety so long as the law is not enforced in a manner that disproportionately targets individuals experiencing homelessness.

”.

SYNOPSIS

This Amendment makes the following changes to HB 135:

1. Removes the requirement that an alternative indoor space be available “indefinitely” to an individual experiencing homelessness.

2. Clarifies that adequate alternative indoor space must “reasonably” accommodate an individual’s personal property.

3. Replaces the definition of public space with a definition that clarifies that a public space is limited to an outdoor or indoor area owned or controlled by a governmental entity that is open to the general public without restriction as to the identity or purpose of those present.

4. Clarifies that a public space does not include private property.

5. Clarifies that a public space does not include a facility or area that is restricted to a specific intended user and is not open to the public at-large such as public schools.

6. Clarifies that a public space is not a space that requires a permit, license, or registration to access.

7. Clarifies that State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness.

8. Deletes a provision from the bill that creates an affirmative defense to a violation of a statute or ordinance that criminalizes life-sustaining activities.

9. Adds a provision to the bill that clarifies that individuals experiencing homelessness are still subject to all other laws of the State, including laws protecting public safety so long as the laws are not enforced in a manner that disproportionately targets individuals experiencing homelessness.