Bill > HB135

This bill introduces a comprehensive set of protections for individuals experiencing homelessness in Delaware by establishing a new legal framework that defines key terms and safeguards the rights of unhoused individuals. The bill creates detailed definitions for terms like "adequate alternative indoor space" and "individual experiencing homelessness", and establishes that people without permanent housing may use public spaces for life-sustaining activities (such as sleeping, resting, eating, and storing personal property) without fear of legal persecution, provided they do not obstruct traffic or create hazards. The legislation requires that any restrictions on public space usage must apply equally to all individuals and not disproportionately target those experiencing homelessness. Additionally, the bill provides an affirmative legal defense for individuals charged with violating ordinances related to life-sustaining activities, places the burden of proof on prosecutors to demonstrate available alternative housing, and allows both the state attorney general and private individuals to bring civil actions against government entities that violate these protections. The bill also waives sovereign immunity for government entities and includes a severability clause to ensure that if one part of the law is found invalid, the rest can remain in effect. Named the "Dr. DeBorah Gilbert White Anti-Cruelty to Delawareans Experiencing Homelessness Act", the legislation aims to provide dignity, stability, and legal protection for unhoused individuals while addressing systemic challenges in housing and public space usage.

Housing and Urban Affairs, Justice

https://legis.delaware.gov/BillDetail?LegislationId=142185