Bill > HB2028

This bill establishes new protections for individuals experiencing homelessness in Pennsylvania, defining "life-sustaining activity" as basic needs like resting, sleeping, and storing personal property, and outlining "permitted use of public space" which allows these activities in public areas unless an adequate alternative indoor space is available and offered. An adequate alternative indoor space is defined as one that is legally and physically accessible, free of charge, available indefinitely, accommodates disabilities, pets, partners, family, support individuals, and personal property, and if it's a tiny home, it must be climate-controlled with locking doors and sufficient sanitary and cooking facilities. The bill also creates an affirmative defense for individuals charged with violating laws against life-sustaining activities if no adequate alternative indoor space was available, placing the burden on the prosecutor to prove otherwise, and prohibits civil or criminal penalties for sharing food or donations in public spaces if it doesn't obstruct passage. Furthermore, it mandates that personal property of individuals experiencing homelessness stored in public spaces receives the same protection against unreasonable search and seizure as property in a private dwelling, and clarifies that motor vehicles or recreational vehicles used by these individuals cannot be moved unless they obstruct traffic or a legitimate government function, with provisions for relocation and retrieval of belongings from towed vehicles at no or reduced cost. Finally, it amends existing law to make the Commonwealth liable for damages resulting from the implementation or enforcement of rules that violate these new protections for permitted use of public space.