Unhoused Individuals - Rights and Affirmative Defense

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0104*

HOUSE BILL 104
E2, L6 6lr1364
HB 487/25 – JUD (PRE–FILED) CF SB 49
By: Delegate Mireku–North
Requested: October 28, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Unhoused Individuals – Rights and Affirmative Defense 2

FOR the purpose of establishing that unhoused individuals have certain rights relating to 3
engaging in life –sustaining activities; prohibiting certain governmental entities, 4
government officials, or government agents from imposing certain penalties for 5
exercising a right established under this Act or for offering certain aid to unhoused 6
individuals on or about public places; establishing an affirmative defense of necessity 7
for certain criminal prosecutions relating to trespass or disturbing the peace; 8
repealing the authority of a municipality to prohibit vagrancy; and generally relating 9
to unhoused individuals. 10

BY adding to 11
Article – Courts and Judicial Proceedings 12
Section 3–2701 through 3–2705 to be under the new subtitle “Subtitle 27. Rights of 13
Unhoused Individuals” 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2025 Supplement) 16

BY repealing and reenacting, with amendments, 17
Article – Local Government 18
Section 5–207 19
Annotated Code of Maryland 20
(2013 Volume and 2025 Supplement) 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23

Article – Courts and Judicial Proceedings 24

2 HOUSE BILL 104

SUBTITLE 27. RIGHTS OF UNHOUSED INDIVIDUALS. 1

3–2701. 2

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4

(B) (1) “ADEQUATE ALTERNATIVE INDOOR SPACE ” MEANS AN INDOOR 5
SPACE THAT: 6

(I) IS LEGALLY AND PHYSIC ALLY ACCESSIBLE TO A N 7
UNHOUSED INDIVIDUAL WITHOUT REQUIRING TH E INDIVIDUAL TO WAIV E ANY 8
CONSTITUTIONAL OR ST ATUTORY RIGHT PROVID ED UNDER FEDERAL, STATE, OR 9
LOCAL LAW AS A CONDITION OF ACCESS; 10

(II) IS AVAILABLE INDEFINITELY TO AN UNHOUSED INDIVIDUAL 11
AT NO CHARGE AND WITHOUT REQUIRING A DAILY REAPPLICATION; 12

(III) IS COMPLIANT WITH THE FEDERAL AMERICANS WITH 13
DISABILITIES ACT; AND 14

(IV) IS ABLE TO ACCOMMODATE: 15

1. A SPOUSE OR DOMESTIC P ARTNER AND OTHER 16
FAMILY MEMBERS; 17

2. SUPPORT INDIVIDUALS; AND 18

3. ANY POSSESSIONS THAT AN UNHOUSED INDIVIDU AL 19
WISHES TO BRING TO THE SPACE. 20

(2) “ADEQUATE ALTERNATIVE INDOOR SPACE” DOES NOT INCLUDE 21
AN INDOOR SPACE LOCATED OUTSIDE THE JURISDICTION IN WHICH AN UNHOUSED 22
INDIVIDUAL RESIDES UNLESS TRANSPORTATION IS AVAILABLE AT NO COST TO THE 23
INDIVIDUAL TO ENSURE THE INDIVIDUAL IS ABLE TO ADDRESS ONGOING PERSONAL 24
OR PROFESSIONAL MATTERS WITHIN THE JURISDICTION. 25

(C) (1) “LIFE–SUSTAINING ACTIVITY ” MEANS MOVING , RESTING, 26
SITTING, STANDING, LYING DOWN, SLEEPING, EATING, DRINKING, OR PROTECTING 27
ONESELF FROM THE ELEMENTS. 28

(2) “LIFE–SUSTAINING ACTIVITY ” INCLUDES STORING PER SONAL 29
PROPERTY, AS NEEDED, TO SAFELY SHELTER THE PROPERTY FROM THE ELEMENTS. 30
HOUSE BILL 104 3

(D) “MOTOR VEHICLE ” HAS THE MEANING STAT ED IN § 11–135 OF THE 1
TRANSPORTATION ARTICLE. 2

(E) (1) “PUBLIC PLACE” MEANS: 3

(I) PROPERTY THAT IS OWNE D OR LEASED , IN WHOLE OR IN 4
PART, BY ANY STATE OR LOCAL GOVERNMENTAL ENTITY; 5

(II) PROPERTY ON WHICH THERE IS AN EASEMENT FOR PUBLIC 6
USE; OR 7

(III) FEDERAL PROPERTY ON WHICH A LOCAL GOVERNMENT HAS 8
THE AUTHORITY TO ENFORCE LOCAL LAWS. 9

(2) “PUBLIC PLACE” INCLUDES: 10

(I) A PLAZA; 11

(II) A COURTYARD; 12

(III) A PARKING LOT; 13

(IV) A SIDEWALK; 14

(V) A PUBLIC TRANSPORTATION FACILITY; 15

(VI) A PUBLIC BUILDING; 16

(VII) A SHOPPING CENTER; 17

(VIII) AN UNDERPASS OR OTHER LAND ADJACENT TO A ROADWAY; 18
AND 19

(IX) A PARK. 20

(F) “RECREATIONAL VEHICLE” HAS THE MEANING STATED IN § 15–1001 OF 21
THE TRANSPORTATION ARTICLE. 22

(G) (1) “UNHOUSED INDIVIDUAL” MEANS AN INDIVIDUAL WHO LACKS A 23
FIXED, REGULAR, AND ADEQUATE NIGHTTIME RESIDENCE. 24

(2) “UNHOUSED INDIVIDUAL” INCLUDES AN INDIVIDUAL WHO: 25
4 HOUSE BILL 104

(I) SHARES THE HOUSING OF ANOTHER INDIVIDUAL D UE TO 1
LOSS OF HOUSING, ECONOMIC HARDSHIP, OR SIMILAR REASON; 2

(II) LIVES IN A MOTEL, A HOTEL, A TRAILER PARK, OR CAMPING 3
GROUNDS DUE TO A LAC K OF ACCESS TO AN AD EQUATE ALTERNATIVE I NDOOR 4
SPACE; 5

(III) LIVES IN AN EMERGENCY OR TRANSITIONAL SHELTER; 6

(IV) LIVES IN A PLACE UNFIT FOR HUMAN HABITATION; 7

(V) LIVES IN A CAR , A PARK , AN ABANDONED BUILDIN G, 8
SUBSTANDARD HOUSING, A TRANSPORTATION STATION, OR A SIMILAR SETTING; 9

(VI) IS A MINOR ABANDONED IN A HOSPITAL; OR 10

(VII) IS A MINOR AWAITING A FOSTER CARE PLACEMENT. 11

3–2702. 12

(A) THE GENERAL ASSEMBLY DECLARES THA T THREATENING OR 13
IMPOSING CIVIL OR CR IMINAL PUNISHMENTS O N UNHOUSED INDIVIDUA LS FOR 14
UNDERTAKING LIFE –SUSTAINING ACTIVITIE S, INCLUDING SLEEPING OR TAKI NG 15
SHELTER IN AN UNOBTR USIVE MANNER ON PUBL IC LAND IN THE ABSEN CE OF 16
ADEQUATE ALTERNATIVE INDOOR SPACES, VIOLATES UNHOUSED INDIVIDUALS ’ 17
RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT AND EXCESSIVE FINES 18
GUARANTEED BY ARTICLE 25 OF THE MARYLAND DECLARATION OF RIGHTS. 19

(B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE COU RTS 20
SHALL LIBERALLY CONS TRUE THIS SUBTITLE T O MAXIMIZE THE PROTE CTIONS 21
AFFORDED BY IT TO UNHOUSED INDIVIDUALS IN THE STATE. 22

3–2703. 23

(A) ALL UNHOUSED INDIVIDUALS HAVE THE RIGHT TO: 24

(1) BE ON OR ABOUT PUBLIC PLACES WITHIN THE STATE WITHOUT 25
BEING DISCRIMINATED AGAINST ON THE BASIS OF ACTUAL OR PERCEIVED HOUSING 26
STATUS; 27

(2) ENGAGE IN LIFE –SUSTAINING ACTIVITIES ON OR ABOUT PUBLIC 28
PLACES, PROVIDED THAT SUCH ACTIVITIES DO NOT: 29
HOUSE BILL 104 5

(I) HINDER OR OBSTRUCT TH E ORDINARY COURSE OF A 1
PRIVATE OR PUBLIC ENTITY; OR 2

(II) OBSTRUCT THE NORMAL MOVEMENT OF PEDESTRIAN OR 3
VEHICULAR TRAFFIC IN SUCH A MANNER THAT C REATES A HAZARD TO O THERS, 4
UNLESS AN ADEQUATE ALTERNATIVE INDOOR SPACE IS AVAILABLE AND HAS BEEN 5
OFFERED TO THE INDIVIDUAL, INCLUDING TRANSPORTATION FOR THE INDIVIDUAL 6
AND THE INDIVIDUAL’S BELONGINGS; 7

(3) USE AND MOVE FREELY I N PUBLIC PLACES WITH OUT BEING 8
DISCRIMINATED AGAINS T ON THE BASIS OF AC TUAL OR PERCEIVE D HOUSING 9
STATUS; 10

(4) PRIVACY IN PERSONAL PROPERTY STORED ON OR ABOUT PUBLIC 11
PLACES TO THE SAME E XTENT AS PERSONAL PR OPERTY STORED IN A P RIVATE 12
DWELLING; 13

(5) PRAY, MEDITATE, WORSHIP, OR PRACTICE RELIGION ON OR 14
ABOUT PUBLIC PLACES WITHOUT BEING DISCRIMINATED AGAINST ON THE BASIS OF 15
ACTUAL OR PERCEIVED HOUSING STATUS; 16

(6) OCCUPY A MOTOR VEHICLE OR RECREATIONAL VEHICLE PARKED 17
ON OR ABOUT A PUBLIC PLACE THAT IS NOT OBSTRUCTING THE NORMAL MOVEMENT 18
OF TRAFFIC; 19

(7) RELOCATE A MOTOR VEHICLE OR RECREATIONAL VEHICLE BEING 20
USED FOR LIFE–SUSTAINING ACTIVITIES BEFORE RECEIVING A PARKING TICKET OR 21
THE VEHICLE BEING TOWED; 22

(8) RETRIEVE ITEMS FROM A TOWED MOTOR VEHICLE OR 23
RECREATIONAL VEHICLE; 24

(9) RECLAIM A TOWED MOTOR VEHICLE OR RECREATIONAL VEHICLE 25
FROM STORAGE FREE OF CHARGE OR AT A REDUC ED RATE ON CONSIDERATION OF 26
THE INDIVIDUAL’S ABILITY TO PAY ANY COSTS; AND 27

(10) RECEIVE ANY ADDITIONA L INTERVENTIONS OFFE RED TO 28
UNHOUSED INDIVIDUALS BY LOCAL HUMAN SERVI CES, SOCIAL SERVICES, PUBLIC 29
HEALTH, AND LAW ENFORCEMENT AGENCIES WHEN ADEQUA TE ALTERNATIVE 30
INDOOR SPACE IS NOT AVAILABLE. 31

6 HOUSE BILL 104

(B) THE STATE, AN AGENCY OF THE STATE, A POLITICAL SUBDIVISION OF 1
THE STATE, OR AN OFFICIAL OR AGENT OF THE STATE, AN AGENCY OF THE STATE, 2
OR A POLITICAL SUBDI VISION OF THE STATE ACTING UNDER CO LOR OF LAW MAY 3
NOT: 4

(1) IMPOSE CIVIL OR CRIMI NAL PENALTIES AGAINST AN UNHOUSED 5
INDIVIDUAL FOR EXERCISING A RIGHT DESCRIBED UNDER SUBSECTION (A) OF THIS 6
SECTION; OR 7

(2) IMPOSE A CIVIL OR CRIMINAL PENALTY AGAINST ANY INDIVIDUAL 8
FOR SOLICITING, SHARING, ACCEPTING, OR OFFERING FOOD , WATER, MONEY, OR 9
OTHER DONATIONS TO UNHOUSED INDIVIDUALS ON OR ABOUT PUBLIC PLACES. 10

(C) THE STATE, AN AGENCY OF THE STATE, A POLITICAL SUBDIVISION OF 11
THE STATE, OR AN OF FICIAL OR AGENT OF T HE STATE ACTING UNDER CO LOR OF 12
LAW MAY ARREST OR IM POSE CIVIL OR CRIMIN AL PENALTIES ON AN U NHOUSED 13
INDIVIDUAL WHO HAS ENGAGED IN CRIMINAL ACTIVITY THAT IS NOT A PROTECTED 14
ACTIVITY UNDER SUBSECTION (A) OF THIS SECTION. 15

3–2704. 16

(A) THIS SECTION APPLIES TO A PROSECUTION FOR: 17

(1) CRIMINAL TRESPASS UNDER § 6–402, § 6–409, OR § 6–410 OF THE 18
CRIMINAL LAW ARTICLE OR A SIMILAR LOCAL LAW OR ORDINANCE; AND 19

(2) DISTURBING THE PEACE OR DISORDERLY CONDUC T UNDER § 20
10–201 OF THE CRIMINAL LAW ARTICLE OR ANY SIMILA R LOCAL LAW OR 21
ORDINANCE. 22

(B) IN A PROSECUTION FOR AN OFFENSE LISTED IN SUBSECTION (A) OF THIS 23
SECTION, A DEFENDANT MAY ASSERT AN AFFIRMATIVE DEFENSE OF NECESSITY IF: 24

(1) THE DEFENDANT COMMITT ED THE ALLEGED CRIMI NAL ACT 25
WHILE ENGAGING IN A LIFE–SUSTAINING ACTIVITY; AND 26

(2) THE DEFENDANT, AT THE TIME OF COMMI TTING THE CRIMINAL 27
ACT, WAS NOT OFFERED ACCESS TO AN ADEQUAT E ALTERNATIVE INDOOR SPACE 28
AND A REASONABLE STORAGE OPTION FOR PERSONAL PROPERTY. 29

(C) A DEFENSE OF NECESSITY RAISED IN ACCORDANCE WITH SUBSECTION 30
(B) OF THIS SECTION CREA TES A REBUTTABLE PRE SUMPTION THAT AN ADE QUATE 31
ALTERNATIVE INDOOR SPACE WAS NOT AVAILABLE TO THE DEFENDANT. 32
HOUSE BILL 104 7

3–2705. 1

THE PROVISIONS OF THI S SUBTITLE SHALL SUP ERSEDE ANY LOCAL LAW OR 2
ORDINANCE COMPARABLE IN SUBJECT MATTER EXCEPT TO THE EXTENT THAT THE 3
LOCAL LAW OR ORDINAN CE PROVIDES BROADER APPLICABILITY OR MOR E 4
PROTECTIONS FOR UNHOUSED INDIVIDUALS THAN THIS SUBTITLE. 5

Article – Local Government 6

5–207. 7

(a) A municipality may establish and maintain: 8

(1) a fire department; and 9

(2) a police force. 10

(b) A municipality may: 11

(1) provide for the removal of fire hazards; 12

(2) control the use and handling of dangerous and explosive materials; and 13

(3) prevent the discharge of firearms or other explosive instruments. 14

(c) A municipality may: 15

(1) pay rewards for information relating to crime committed in the 16
municipality; 17

(2) prohibit [vagrancy,] vice, gambling, and houses of prostitution in the 18
municipality; 19

(3) enforce all ord inances relating to disorderly conduct and nuisances 20
equally: 21

(i) within the municipality; and 22

(ii) up to one –half mile outside the municipal limits, except where 23
there is a conflict with the powers of another municipality; and 24

(4) prohibit minors from being on the streets and in public places at certain 25
hours of the night. 26

8 HOUSE BILL 104

SECTION 2. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 1
the application of any provision of this Act to any person or circumstance is held invalid for 2
any reason in a court of competent jurisdiction, the invalidity does not affect other 3
provisions or any other application of this Act that can be given effect without the invalid 4
provision or application, and for this purpose the provisions of this Act a re declared 5
severable. 6

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8