Bill > HF5004

This bill, effective August 1, 2026, prohibits municipalities from penalizing homeless individuals for certain activities on public land, which is defined broadly to include parks, sidewalks, and public buildings. These protected activities, termed "life-sustaining activities," encompass basic needs like resting, sleeping, eating, drinking, and protecting oneself and one's property from the elements. The bill also allows homeless individuals to use public accommodations, solicit or accept donations, store possessions with privacy rights similar to those in a private dwelling, practice religion, and occupy lawfully parked vehicles. Crucially, a municipality cannot impose penalties if no "adequate alternative indoor space" is available, which is defined as accessible, free, and indefinite indoor space that allows individuals to stay with family or pets and possessions. Furthermore, the bill establishes an affirmative defense in criminal proceedings, meaning a homeless individual charged with a crime related to a life-sustaining activity can argue they had no access to adequate alternative indoor space, and the burden is on the municipality to prove such space was available. The bill also grants the Attorney General authority to investigate and prosecute violations and allows individuals to file civil lawsuits for redress, including damages and attorney fees. This legislation preempts any local ordinances that conflict with its provisions.