Bill > HB104

This bill establishes rights for unhoused individuals in Maryland and creates an affirmative defense in certain legal proceedings. It defines key terms such as "adequate alternative indoor space," which is a legally and physically accessible indoor location available indefinitely and at no cost, compliant with the Americans with Disabilities Act, and able to accommodate family, support individuals, and possessions, and excludes spaces outside the individual's jurisdiction unless free transportation is provided. "Life-sustaining activity" is defined as basic actions like resting, sleeping, eating, or protecting oneself from the elements, including storing personal property. "Public place" is broadly defined to include government-owned or leased property, areas with public easements, and federal property where local laws can be enforced, encompassing spaces like plazas, sidewalks, parking lots, and parks. An "unhoused individual" is someone lacking a fixed, regular, and adequate nighttime residence, including those sharing housing, living in temporary accommodations, or in places unfit for habitation. The bill declares that punishing unhoused individuals for life-sustaining activities in public spaces without adequate alternative indoor options violates their rights against cruel and unusual punishment. It grants unhoused individuals the right to be in public places without discrimination based on housing status, to engage in life-sustaining activities unless they hinder public or private entities or obstruct traffic without an offered alternative, to privacy for stored property, to practice religion, to occupy or relocate vehicles parked without obstructing traffic, to retrieve items from towed vehicles, and to reclaim towed vehicles at no or reduced cost based on ability to pay, and to receive interventions when adequate indoor space is unavailable. The bill prohibits the state or its agents from penalizing unhoused individuals for exercising these rights or from penalizing those who provide donations to them, while still allowing penalties for criminal activity unrelated to these protected activities. For prosecutions of criminal trespass or disturbing the peace, a defendant can use an affirmative defense of necessity if the alleged act was a life-sustaining activity and no adequate alternative indoor space or storage option was offered. This defense creates a presumption that such an alternative was not available. The bill also amends local government powers to prohibit vagrancy and clarifies that its provisions supersede comparable local laws unless the local law offers greater protections.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0104?ys=2026RS