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Bill > SB1089


PA SB1089

PA SB1089
Providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.


summary

Introduced
11/17/2025
In Committee
11/17/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.

AI Summary

This bill establishes a comprehensive legal framework protecting the rights of individuals experiencing homelessness to use public spaces for life-sustaining activities. The bill defines key terms like "individual experiencing homelessness" broadly, including people in various temporary or unstable living situations, and "life-sustaining activity" as basic survival actions like resting, sleeping, eating, and storing personal property. Under the proposed law, people experiencing homelessness may use public spaces for these activities without penalty, provided they do not obstruct pedestrian or vehicle traffic, and cannot be criminally charged for soliciting or sharing donations in public spaces. The bill requires that individuals only be asked to move if they are blocking traffic and ensures they have the right to retrieve belongings if their vehicle is towed. The legislation also creates an affirmative legal defense for individuals charged with violations, placing the burden on prosecutors to prove adequate alternative indoor space was available. Additionally, the bill empowers the Attorney General and provides a private right of action for individuals or organizations to challenge violations, with potential court-awarded equitable relief and litigation costs. The law aims to protect the dignity and fundamental rights of people experiencing homelessness by preventing their criminalization and ensuring access to public spaces.

Committee Categories

Justice

Sponsors (17)

Last Action

Referred to Judiciary (on 11/17/2025)

bill text


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