2024 -- H 7967

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LC005133

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS

     Introduced By: Representatives Stewart, Morales, Henries, Tanzi, Felix, Cruz, Potter,
Giraldo, Sanchez, and Batista

     Date Introduced: March 05, 2024

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-37.1-3 of the General Laws in Chapter 34-37.1 entitled "Homeless

Bill of Rights" is hereby amended to read as follows:

     34-37.1-3. Bill of Rights.

     No person’s rights, privileges, or access to public services may be denied or abridged solely

because he or she is homeless. Such a person shall be granted the same rights and privileges as any

other resident of this state. A person experiencing homelessness:

     (1) Has the right to use and move freely in public spaces, including, but not limited to,

public sidewalks, public parks, public transportation and public buildings, in the same manner as

any other person, and without discrimination on the basis of his or her housing status;

     (2) Has the right to equal treatment by all state and municipal agencies, without

discrimination on the basis of housing status;

     (3) Has the right not to face discrimination while seeking or maintaining employment due

to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter

or social service provider;

     (4) Has the right to emergency medical care free from discrimination based on his or her

housing status;

     (5) Has the right to access trash receptacles and toilet facilities (portable or permanent) in

order that they can live in clean and sanitary conditions;

     (5)(6) Has the right to vote, register to vote, and receive documentation necessary to prove

identity for voting without discrimination due to his or her housing status;

     (6)(7) Has the right to protection from disclosure of his or her records and information

provided to homeless shelters and service providers to state, municipal and private entities without

appropriate legal authority; and the right to confidentiality of personal records and information in

accordance with all limitations on disclosure established by the Federal Homeless Management

Information Systems, the Federal Health Insurance Portability and Accountability Act, and the

Federal Violence Against Women Act; and

     (7)(8) Has the right to a reasonable expectation of privacy in his or her personal property

to the same extent as personal property in a permanent residence, and the same right to privacy in

his or her temporary housing, including tents, as a permanent residence.

     SECTION 2. Section 34-37.1-4 of the General Laws in Chapter 34-37.1 entitled "Homeless

Bill of Rights" is hereby amended to read as follows:

     34-37.1-4. Damages and attorney’s fees. Damages, attorney's fees and fines.

     (a) An aggrieved individual or any organization that is chartered for the purpose of

safeguarding individual civil liberties or combatting homelessness shall have the right to bring a

civil action in the superior court to enforce the provisions of this chapter.

     (b) In any civil action alleging a violation of this chapter, the court may award appropriate

injunctive and declaratory relief, actual damages, and reasonable attorney’s fees and costs to a

prevailing plaintiff.

     (c) Any person intentionally violating any right recognized in this chapter may be fined

two thousand five hundred dollars ($2,500) per violation.

     (d) All fines collected shall be received by the Rhode Island department of housing and

utilized for housing stabilization services or to address other issues related to homelessness.

     SECTION 3. Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is

hereby amended by adding thereto the following sections:

     34-37.1-7. Written policies required.

     (a) All police and public works departments shall adopt written policies and procedures

necessary to ensure that their respective departments fully comply with all requirements of this

chapter and make them publicly available.

     (b) Every police department policy established pursuant to the provisions of this section

shall recognize the reasonable expectation of privacy that a homeless person has in their tent.

Pursuant to the policy, no tent occupied by a homeless person shall be subject to an unreasonable

search.

     34-37.1-8. Encampments.

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     (a) Prior to any enforcement action to relocate or vacate persons occupying an encampment

located on public property, at least sixty (60) days notice to vacate shall be provided to persons

staying in the encampment. The notice shall be in writing, state the basis and authority for the

action, and apprise individuals how they may retrieve personal property left at the encampment in

accordance with subsection (c) of this section.

     (b) Reasonable alternatives for relocation shall be made available to all person occupying

the encampment in collaboration with outreach workers, prior to any enforcement action conducted

pursuant to the provisions of subsection (a) of this section.

     (c) Except to address health or safety hazards, any personal property found onsite shall be

maintained by the enforcement agency for at least thirty (30) days after the enforcement action has

been completed.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS

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     This act would update the Homeless Bill of Rights to add rules governing the interaction

with encampments and require fines for non-compliance, require police and public works

departments to adopt written policies and procedures to ensure compliance with the requirements

of this chapter and include the right to access clean and sanitary conditions.

     This act would take effect upon passage.

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