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MD SB484

MD SB484
Unhoused Individuals - Rights, Civil Action, and Affirmative Defense


summary

Introduced
01/23/2025
In Committee
01/23/2025
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 an "unhoused individual" as someone without a fixed, regular, and adequate nighttime residence and expanding their rights in public spaces. The bill declares that punishing unhoused people for undertaking life-sustaining activities (like sleeping or seeking shelter) violates protections against cruel and unusual punishment. Unhoused individuals are granted specific rights, including being present in public places without discrimination, engaging in life-sustaining activities, using public spaces freely, maintaining privacy for personal property, practicing religion, and occupying vehicles parked in public places without obstruction. The legislation prohibits state and local governments from imposing civil or criminal penalties on unhoused individuals exercising these rights and also protects people who provide assistance to them. The bill creates a legal mechanism allowing individuals or the Attorney General to bring civil actions against entities that violate these protections, with potential court-awarded injunctive relief and litigation costs. Additionally, the bill establishes an affirmative defense of necessity for criminal trespass or disturbing the peace charges if the defendant was engaging in life-sustaining activities without access to adequate alternative indoor space. The bill also repeals municipalities' authority to prohibit vagrancy and will take effect on October 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judicial Proceedings Hearing (13:00:00 2/6/2025 ) (on 02/06/2025)

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