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Bill > HB487


MD HB487

MD HB487
Unhoused Individuals - Rights, Civil Action, and Affirmative Defense


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Providing that all unhoused individuals have certain rights; authorizing the Attorney General or an individual harmed by a violation of the Act to bring a certain civil action against a political subdivision, a unit of State or local government, or a government official; establishing an affirmative defense of necessity to certain criminal charges relating to trespass or disturbing the peace; and repealing the authority of a municipality to prohibit vagrancy.

AI Summary

This bill establishes comprehensive legal protections for unhoused individuals in Maryland, defining fundamental rights and creating legal mechanisms to protect those experiencing homelessness. The bill defines an "unhoused individual" broadly, including people sharing housing due to economic hardship, living in motels, shelters, cars, or other unstable housing situations. It grants unhoused individuals the right to be in public spaces without discrimination, engage in life-sustaining activities (like sleeping or seeking shelter) without criminal penalties, use public spaces freely, maintain privacy of personal property, practice religious activities, and occupy vehicles parked in public places. The bill creates an affirmative defense for criminal trespass or disturbing the peace charges if the action was a life-sustaining activity and no adequate alternative indoor space was available. Additionally, it allows individuals harmed by violations of these rights to bring civil actions, with the Attorney General also empowered to sue on behalf of residents. The bill prohibits state and local governments from imposing civil or criminal penalties for these protected activities and repeals municipalities' authority to prohibit vagrancy. Courts are instructed to interpret the law liberally to maximize protections for unhoused individuals, with potential injunctive relief and mandatory attorney's fees for successful plaintiffs. The law is set to take effect on October 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

House Judiciary Hearing (13:00:00 2/12/2025 ) (on 02/12/2025)

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