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HB1394 • 2026

Loitering; unhoused persons.

<p class=ldtitle>A BILL to amend and reenact § 15.2-926 of the Code of Virginia, relating to loitering; unhoused persons.</p>

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Cole, J.G.
Last action
2026-02-06
Official status
Continued
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Loitering Rules for Unhoused People

This law stops local areas from punishing unhoused people for doing things they need to survive in public places, as long as these activities do not block traffic or cause danger.

What This Bill Does

  • It says that no place can make rules against unhoused people for sleeping, resting, sitting, standing, lying down, or protecting themselves from weather in public areas.
  • It allows unhoused people to stay in legally parked cars on public streets without getting into trouble.
  • It stops local governments from making laws that punish unhoused people just because they don't have a home.

Who It Names or Affects

  • Unhoused individuals of all ages who need to do life-sustaining activities in public places.
  • Local governments and law enforcement agencies responsible for enforcing loitering rules.

Terms To Know

Life-sustaining activities
Activities like sleeping, resting, sitting, standing, lying down, or protecting oneself from the elements that are necessary to survive.
Unhoused persons
People who do not have a stable place to live and may be living on the streets or in other public spaces.

Limits and Unknowns

  • The bill does not specify what happens if unhoused people's activities block traffic or cause danger.
  • It is unclear how local governments will adapt their existing loitering laws to comply with this new legislation.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB1394AHC2

2026-02-05

Counties, Cities and Towns Amendment

Plain English: The amendment changes the language of an existing law to allow local governments more flexibility in creating ordinances related to loitering and public spaces.

  • Changes 'imposing' to 'by ordinance impose', allowing local governments to set specific rules about loitering through their own ordinances rather than a blanket state rule.
  • Replaces 'public' with 'publicly owned and accessible' to clarify the type of areas where certain restrictions can apply.
  • Modifies 'traffic' to 'or create' to specify that actions must either interfere with traffic or cause disturbances.
  • The exact impact on local communities may vary depending on how each locality chooses to implement these changes through their ordinances.
HB1394AH1

2026-02-05 • Committee

Subcommittee #3 Subcommittee Amendment

Plain English: The amendment changes the language of an existing law to specify how local governments can regulate loitering by unhoused persons in public spaces.

  • Changes 'not imposing' to 'by ordinance impose', allowing local governments more flexibility in creating regulations.
  • Replaces 'public' with 'publicly owned and accessible', clarifying the type of areas covered under the regulation.
  • Modifies 'traffic' to include 'or create', broadening the conditions that can be regulated.
  • The exact impact on local regulations is unclear without further context about existing laws and ordinances.

Bill History

  1. 2026-02-06 Counties, Cities and Towns

    Continued to 2027 in Counties, Cities and Towns (Voice Vote)

  2. 2026-02-05 Subcommittee #3

    Subcommittee recommends continuing to 2027 (Voice Vote)

  3. 2026-02-05 Subcommittee #3

    House subcommittee offered

  4. 2026-01-28 Subcommittee #3

    Assigned HCCT sub: Subcommittee #3

  5. 2026-01-22 House

    Presented and ordered printed 26103925D

  6. 2026-01-22 Counties, Cities and Towns

    Referred to Committee on Counties, Cities and Towns

Official Summary Text

Loitering; unhoused persons.
Prohibits any locality from discriminating against any person on the basis of actual or perceived unhoused status by imposing a civil or criminal penalty against any unhoused person, defined in the bill, of any age for engaging in life-sustaining activities in or upon any public place, including in a legally parked car in a public place, provided that such activities do not obstruct the movement of pedestrian or vehicular traffic in a manner that creates a hazard to others. Life-sustaining activities include sleeping, resting, sitting, standing, lying down, or protecting oneself from the elements.

Current Bill Text

Read the full stored bill text
HB 1394

SUBCOMMITTEE

1. Line 22, introduced, after
not

strike

the remainder of line 22 and through
imposing
on line 23

insert

by ordinance impose

SUBCOMMITTEE

2. Line 26, introduced, after
car in a

strike

public

insert

publicly owned and accessible

SUBCOMMITTEE

3. Line 27, introduced, after
traffic

strike

in a manner that creates

insert

or create