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Full Text of HB1429
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HB1429 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1429
Introduced 1/28/2025, by Rep. Kevin John Olickal
SYNOPSIS AS INTRODUCED:
775 ILCS 45/10
Amends the Bill of Rights for the Homeless Act. Prohibits the State or
a unit of local government from creating or enforcing policies or
ordinances imposing fines or criminal penalties against people
experiencing unsheltered homelessness for occupying or engaging in
life-sustaining activities on public property. Provides exceptions to
maintain access to property or address risks to public health and safety.
Creates a necessity defense for charges alleging violation of laws
criminalizing life-sustaining activities while the individual was
experiencing unsheltered homelessness. Defines terms. Limits the exercise
of concurrent home rule powers.
LRB104 06164 JRC 16198 b
A BILL FOR
HB1429
LRB104 06164 JRC 16198 b
1
AN ACT concerning human rights.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Bill of Rights for the Homeless Act is
5
amended by changing Section 10 as follows:
6
(775 ILCS 45/10)
7
Sec. 10.
Bill of Rights.
8
(a) No person's rights, privileges, or access to public
9
services may be denied or abridged solely because he or she is
10
homeless. Such a person shall be granted the same rights and
11
privileges as any other citizen of this State. A person
12
experiencing homelessness has the following rights:
13
(1) the right to use and move freely in public spaces,
14
including but not limited to public sidewalks, public
15
parks, public transportation, and public buildings, in the
16
same manner as any other person and without discrimination
17
on the basis of his or her housing status;
18
(2) the right to equal treatment by all State and
19
municipal agencies, without discrimination on the basis of
20
housing status;
21
(3) the right not to face discrimination while
22
maintaining employment due to his or her lack of permanent
23
mailing address, or his or her mailing address being that
HB1429
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LRB104 06164 JRC 16198 b
1
of a shelter or social service provider;
2
(4) the right to emergency medical care free from
3
discrimination based on his or her housing status;
4
(5) the right to vote, register to vote, and receive
5
documentation necessary to prove identity for voting
6
without discrimination due to his or her housing status;
7
(6) the right to protection from disclosure of his or
8
her records and information provided to homeless shelters
9
and service providers to State, municipal, and private
10
entities without appropriate legal authority; and the
11
right to confidentiality of personal records and
12
information in accordance with all limitations on
13
disclosure established by the federal Homeless Management
14
Information Systems, the federal Health Insurance
15
Portability and Accountability Act, and the federal
16
Violence Against Women Act; and
17
(7) the right to a reasonable expectation of privacy
18
in his or her personal property to the same extent as
19
personal property in a permanent residence.
20
(b) As used in this Act
:
,
21
"Enforcing entity" means the State or a unit of local
22
government as well as their representatives.
23
"
Housing
housing
status" means the status of having or not
24
having a fixed or regular residence, including the status of
25
living on the streets, in a shelter, or in a temporary
26
residence.
HB1429
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LRB104 06164 JRC 16198 b
1
"Life-sustaining activities" includes, but are not limited
2
to, moving, resting, sitting, standing, lying down, sleeping,
3
protecting oneself from the elements, eating, drinking, and
4
storing such personal property as needed to shelter oneself.
5
"Unsheltered homelessness" means the status of not having
6
a fixed or regular residence, including the status of living
7
on the streets because of a lack of access to a legally
8
operated indoor shelter or other temporary residence that is
9
appropriate and safe.
10
"Notice" in this instance is met when:
11
Written notice: Notification by the enforcing entity
12
in a conspicuous location 7 days before enforcement at the
13
site of removal, including, but not limited to, at the
14
entrance of the area or near the site and if possible on
15
the belongings of the unsheltered person.
16
Verbal notice shall be provided if the enforcing
17
entity's representatives and persons subject to
18
enforcement are present at a location simultaneously
19
during the 7-day time period.
20
(c) Neither the State or any unit of local government may
21
establish or enforce ordinances or policies that include fines
22
or criminal penalties against people experiencing unsheltered
23
homelessness for occupying or engaging in life-sustaining
24
activities on public property.
25
(d) Subject to other provisions of this Act, the State or a
26
unit of local government may enforce ordinances, policies, or
HB1429
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LRB104 06164 JRC 16198 b
1
procedures without fines or criminal penalties against people
2
experiencing unsheltered homelessness to maintain public
3
access to a property or address serious and imminent risks to
4
public health and safety.
5
(e) Unless the enforcing entity determines that there is
6
an emergency related to public access to a property or public
7
health and safety, before enforcing any such ordinances,
8
policies and procedures, the enforcing entity shall provide
9
notice, as defined under this Section, to persons subject to
10
the enforcement. All enforcement under this Section shall
11
comply with the Community Emergency Services and Support Act
12
and other sections of this Act. The enforcing entity shall
13
make, without limitation, a good faith effort to provide or
14
refer persons subject to enforcement with transportation,
15
social services, and other resources to remedy their immediate
16
shelter and long-term housing needs.
17
(f) In determining whether an actual emergency exists, the
18
enforcing entity shall declare an emergency only when there is
19
an imminent risk to individuals or community members that can
20
only be mitigated by requiring unsheltered individuals to move
21
themselves or their belongings. In emergencies, as much notice
22
as is practicable shall be provided. The enforcing entity
23
shall make, without limitation, a good faith effort to also
24
provide or refer persons subject to enforcement with
25
transportation, social services, and other resources to remedy
26
their immediate shelter and long-term housing needs.
HB1429
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LRB104 06164 JRC 16198 b
1
(g) It is an affirmative defense to a charge of violating a
2
statute or ordinance criminalizing one or more life-sustaining
3
activities that the individual was experiencing unsheltered
4
homelessness. It shall be the responsibility of the court to
5
notify the charged individual of the availability of this
6
defense and how to raise it. Once the defense is raised, there
7
is a rebuttable presumption that the person was experiencing
8
unsheltered homelessness and the burden of proving otherwise
9
is on the prosecution.
10
(h) A home rule unit may not enact rules or regulations
11
that are inconsistent with this Section. This amendatory Act
12
is a limitation under subsection (i) of Section 6 of Article
13
VII of the Illinois Constitution on the concurrent exercise by
14
home rule units of powers and functions exercised by the
15
State.
16
(Source: P.A. 98-516, eff. 8-22-13.)
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