House Bill 1576

Source

Section 1

This section adds a new section to an existing chapter 35.21. Here is the modified chapter for context.

  1. Except as provided in subsection (2) of this section, cities and towns may not impose criminal sanctions against homeless individuals for sleeping outdoors on public property when no alternative shelter is available to them.

  2. Subsection (1) of this section does not apply to individuals who do have access to adequate temporary shelter, whether that is because they have the means to pay for it or because it is realistically available to them for free, but they have chosen not to use it.

  3. As long as an ordinance and its enforcement do not result in the punishment of a homeless individual for lacking the means to live out the universal and unavoidable consequences of being human, a city or town with insufficient shelter is not precluded by subsection (1) of this section from barring the:

    1. Act of sitting, lying, or sleeping outside at particular times or in particular locations;

    2. Obstruction of public rights-of-way; or

    3. Erection of certain structures.

Section 2

This section adds a new section to an existing chapter 35A.21. Here is the modified chapter for context.

  1. Except as provided in subsection (2) of this section, code cities may not impose criminal sanctions against homeless individuals for sleeping outdoors on public property when no alternative shelter is available to them.

  2. Subsection (1) of this section does not apply to individuals who do have access to adequate temporary shelter, whether that is because they have the means to pay for it or because it is realistically available to them for free, but they have chosen not to use it.

  3. As long as an ordinance and its enforcement do not result in the punishment of a homeless individual for lacking the means to live out the universal and unavoidable consequences of being human, a code city with insufficient shelter is not precluded by subsection (1) of this section from barring the:

    1. Act of sitting, lying, or sleeping outside at particular times or in particular locations;

    2. Obstruction of public rights-of-way; or

    3. Erection of certain structures.

Section 3

This section adds a new section to an existing chapter 36.01. Here is the modified chapter for context.

  1. Except as provided in subsection (2) of this section, counties may not impose criminal sanctions against homeless individuals for sleeping outdoors on public property when no alternative shelter is available to them.

  2. Subsection (1) of this section does not apply to individuals who do have access to adequate temporary shelter, whether that is because they have the means to pay for it or because it is realistically available to them for free, but they have chosen not to use it.

  3. As long as an ordinance and its enforcement do not result in the punishment of a homeless individual for lacking the means to live out the universal and unavoidable consequences of being human, a county with insufficient shelter is not precluded by subsection (1) of this section from barring the:

    1. Act of sitting, lying, or sleeping outside at particular times or in particular locations;

    2. Obstruction of public rights-of-way; or

    3. Erection of certain structures.


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