An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.

PRIOR PRINTER'S NO. 2586 PRINTER'S NO. 3276
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2028
Session of
2025
INTRODUCED BY SMITH-WADE-EL, HILL-EVANS, HOHENSTEIN, KINKEAD,
KENYATTA, ABNEY, McNEILL, WAXMAN, KRAJEWSKI, RIVERA, FIEDLER,
SANCHEZ, HOWARD, CURRY, D. WILLIAMS, MAYES AND CEPEDA-
FREYTIZ, NOVEMBER 10, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 27, 2026
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for permitted
use of public space; and, in matters affecting government
units, further providing for exceptions to sovereign
immunity.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 70A
PERMITTED USE OF PUBLIC SPACE
Sec.
70A01. Definitions.
70A02. Permitted use of public space.
70A03. Affirmative defense.
70A04. Enforcement.
§ 70A01. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adequate alternative indoor space." A space that is legally
and physically accessible to an individual and that does not
require the individual to sacrifice any other personal right
afforded to them under Federal, State or local law. All of the
following shall apply:
(1) An adequate alternative indoor space must satisfy
all of the following:
(i) Be available indefinitely to the individual
without requiring daily reapplication.
(ii) Be free of charge.
(iii) Accommodate any disabilities.
(iv) Accept pets.
(v) Accommodate partners, whether the partners are
legally married or not, family members or other support
individuals.
(vi) Accommodate the individual's personal property.
(2) A tiny home or similar structure may be an adequate
alternative indoor space if the tiny home or similar
structure is climate-controlled, as appropriate to the local
climate conditions, and possesses all of the following:
(i) Locking doors.
(ii) Individual sanitary and cooking facilities or
common facilities sufficient to meet the needs of the
tiny home community.
(3) An adequate alternative indoor space in a
neighboring municipal corporation is presumptively
inaccessible unless adequate transportation is available at
no cost to the individual to ensure that the individual can
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attend to any personal or professional business in the
municipal corporation of origin.
"Individual experiencing homelessness." An individual
lacking a fixed, regular and adequate nighttime residence,
including any of the following:
(1) Individuals sharing the housing of other individuals
due to loss of housing, economic hardship or a similar
reason.
(2) Individuals living in motels, hotels, trailer parks
or camping grounds due to the lack of alternative adequate
accommodations.
(3) Individuals living in emergency or transitional
shelters.
(4) Individuals abandoned in hospitals.
(5) Individuals awaiting foster care placement.
(6) Individuals living in a private place not designed
for or ordinarily used as a regular sleeping accommodation
for human beings within the meaning of 42 U.S.C. § 11302(a)
(2) (relating to general definition of homeless individual).
(7) Individuals living in cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train
stations or similar settings.
(8) Individuals who meet the definition of "homeless
children and youths" as defined in 42 U.S.C. § 11434a(2)
(relating to definitions), regardless of whether an
individual is a child or youth.
"Life-sustaining activity." Moving, resting, sitting,
standing, lying down, sleeping, protecting oneself from the
natural elements, eating, drinking and storing personal property
as needed to safely shelter oneself.
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"Municipal corporation." As defined in 8 Pa.C.S. § 101.1
(relating to definitions).
"Public space." Any property that is owned or leased, in
whole or in part, by the Commonwealth or a municipality or any
property upon which there is an easement for public use and that
is held open to the public, or any Federal land that is open to
the public, where State or local law enforcement has
jurisdiction to enforce State or local laws, including plazas,
courtyards, parking lots, sidewalks, public transportation
facilities and services, public buildings, shopping centers,
underpasses and lands adjacent to roadways and parks.
"Recreational vehicle." A travel trailer, camping trailer,
park trailer, camper, camper motor home or similar accommodation
that is primarily designed as temporary living quarters for
recreational camping or for seasonal or travel use and either
has its own motor power or is mounted on or drawn by another
vehicle.
§ 70A02. Permitted use of public space.
(a) Public spaces.--An individual experiencing homelessness
may use public spaces for life-sustaining activities if the
activities do not obstruct a public walkway or public street in
a manner that pedestrians or vehicles cannot pass, unless
sufficient adequate alternative indoor space is available to the
individual experiencing homelessness in a municipal corporation
and has been offered to the individual, including transportation
for the individual and the individual's belongings.
(b) Private property.--An individual experiencing
homelessness may use private property for life-sustaining
activities with the verbal or written permission of the property
owner, unless sufficient adequate alternative indoor space is
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available to the individual experiencing homelessness in a
municipal corporation and has been offered to the individual,
including transportation for the individual and the individual's
belongings.
(c) Civil and criminal penalties.--An individual
experiencing homelessness shall not receive or be charged with a
civil or criminal penalty or violation of soliciting, sharing,
accepting or offering food, water, money or other donations in
public spaces if the individual does not obstruct a public
walkway or public street in a manner that pedestrians or
vehicles cannot pass.
(d) Personal property protections.--An individual
experiencing homelessness shall receive the same degree of
protection for personal property stored in public spaces as
personal property stored in a private dwelling, including
protection against unreasonable search and seizure.
(e) Vehicles.--
(1) An individual experiencing homelessness shall not be
required to move a motor vehicle or a recreational vehicle if
the vehicle is parked on public property IN A PUBLIC SPACE
and the vehicle is not parked in a position that obstructs
the flow of traffic OR A LEGITIMATE GOVERNMENT FUNCTION . An
individual experiencing homelessness shall not be required to
move a motor vehicle or a recreational vehicle that is on
private property with the permission of the private property
owner.
(2) If a motor vehicle or recreational vehicle must be
moved because the vehicle is obstructing the flow of traffic
OR A LEGITIMATE GOVERNMENT FUNCTION , the individual
experiencing homelessness shall be permitted to relocate the
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vehicle before a parking ticket is issued or the vehicle is
towed. The individual experiencing homelessness shall be
permitted to retrieve items from a towed vehicle and to
retrieve the vehicle from storage free of charge or at a
reduced rate upon consideration of ability to pay.
§ 70A03. Affirmative defense.
(a) Defense.--It shall be an affirmative defense to a charge
of violating a statute or ordinance criminalizing life-
sustaining activity permitted under section 70A02 (relating to
permitted use of public space) that the individual experiencing
homelessness had no access to an adequate alternative indoor
space in which to undertake the prohibited conduct.
(b) Court notice.--The trial court shall notify the charged
individual of the availability of the defense under subsection
(a) and how to raise the defense.
(c) Rebuttable presumption and burden.--Once the defense is
raised, there shall be a rebuttable presumption that adequate
alternative indoor space did not exist, and the burden shall be
on the prosecutor to prove the availability of an adequate
alternative indoor space.
§ 70A04. Enforcement.
(a) Attorney General.--The Attorney General shall have
authority to bring a civil action on behalf of the Commonwealth
against any State or local government or government official
that violates, or implements or enforces a rule, ordinance,
regulation, law, policy or practice that violates, this chapter.
The court shall hold unlawful and set aside the rule, ordinance,
regulation, law, policy or practice if it is in violation of
this chapter.
(b) Private right of action.--An individual or organization
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adversely affected by a violation of this chapter may commence a
civil action against any State or local government or government
official that violates, or implements or enforces a rule,
ordinance, regulation, law, policy or practice that violates,
this chapter. The court shall hold unlawful and set aside the
rule, ordinance, regulation, law, policy or practice if it is in
violation of this chapter.
(c) Equitable relief.--In any action under this section, the
court may award appropriate equitable relief, including
temporary, preliminary or permanent injunctive relief.
(d) Costs.--In any action under this section, the court
shall award costs of litigation, as well as reasonable attorney
fees, to a prevailing plaintiff. A plaintiff shall not be liable
to a defendant for costs or attorney fees in any nonfrivolous
action under this section.
(e) Jurisdiction.--Commonwealth Court shall have original
jurisdiction over proceedings under this section. Commonwealth
Court shall exercise its jurisdiction without regard to whether
the aggrieved party has exhausted all administrative or other
remedies that may be provided by law.
Section 2. Section 8522(b) of Title 42 is amended by adding
a paragraph to read:
§ 8522. Exceptions to sovereign immunity.
* * *
(b) Acts which may impose liability.--The following acts by
a Commonwealth party may result in the imposition of liability
on the Commonwealth and the defense of sovereign immunity shall
not be raised to claims for damages caused by:
* * *
(11) Permitted use of public space.-- The implementation
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or enforcement of a rule, ordinance, regulation, law, policy
or practice that violates Chapter 70A (relating to permitted
use of public space).
Section 3. This act shall take effect in 60 days.
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