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Bill > HB3115


OR HB3115

OR HB3115
Relating to the regulation of public property with respect to persons experiencing homelessness; and declaring an emergency.


summary

Introduced
02/02/2021
In Committee
06/08/2021
Crossed Over
04/19/2021
Passed
06/09/2021
Dead
Signed/Enacted/Adopted
09/25/2021

Introduced Session

2021 Legislative Measures

Bill Summary

Provides that local law regulating sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness. Provides that local law regulating sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness. Creates affirmative defense to charge of violating such local law that law is not objectively reasonable. Creates cause of action for person experiencing homelessness to challenge objective reasonableness of such local law. Authorizes court to award attorney fees to prevailing plaintiff in such suit in certain circumstances. Declares emergency, effective on passage.

AI Summary

This bill provides that any city or county law regulating the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property open to the public must be objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness. It creates an affirmative defense for those charged with violating such a law if the law is not objectively reasonable, and allows persons experiencing homelessness to file suit to challenge the reasonableness of the law. The bill also authorizes courts to award reasonable attorney fees to a prevailing plaintiff in certain circumstances. The bill declares an emergency and takes effect immediately upon passage.

Committee Categories

Justice

Sponsors (10)

Last Action

Chapter 370, (2021 Laws): Effective date June 23, 2021. (on 09/25/2021)

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