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

Plain English Breakdown

The official status indicates the amendment was introduced but does not confirm final passage or enactment, though it is attached to HB 135.

Amendment Changing Rules on Homelessness and Public Spaces

This amendment changes House Bill 135 by removing the requirement for indefinite indoor shelter space, redefining public spaces to exclude private property and restricted facilities, allowing equal time limits or fees in public areas, deleting a legal defense for life-sustaining activities, and clarifying that other state laws still apply.

What This Bill Does

• Removes the rule requiring alternative indoor space to be available indefinitely for people experiencing homelessness.
• Changes the requirement so that adequate alternative indoor space must reasonably accommodate an individual's personal property.
• Redefines public spaces as outdoor or indoor areas owned or controlled by a government entity that are open to everyone without restrictions on who can enter.
• Excludes private property from the definition of public space.
• Excludes facilities restricted to specific users, such as schools and hospitals, from the definition of public space.
• Excludes spaces requiring permits, licenses, or registration from the definition of public space.
• Allows governments to set reasonable time limits or charge entrance fees for public spaces if these rules apply equally to everyone and are not disproportionately enforced against homeless individuals.
• Deletes a section that provided an affirmative defense against laws criminalizing life-sustaining activities.
• Clarifies that people experiencing homelessness must still follow all other state laws, including those protecting public safety, as long as enforcement does not target them disproportionately.

Who It Names or Affects

• Individuals experiencing homelessness
• State and local government agencies managing public spaces

Terms To Know

Public space

An outdoor or indoor area owned by a government that is open to the general public without restrictions on who can enter, excluding private property, restricted facilities like schools and hospitals, and areas requiring permits.

Affirmative defense

A legal argument where a person admits to an act but claims it was allowed under specific circumstances; this amendment removes such a defense for certain life-sustaining activities.

Limits and Unknowns

• The text does not specify the exact date when these changes will take effect.
• The bill clarifies that other state laws still apply but does not list every specific law that remains in force.
• The amendment states rules must be enforced equally, but it does not define exactly what counts as disproportionate enforcement.

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

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.