2024 -- S 2764 | |
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LC005617 | |
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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 | |
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Introduced By: Senators Murray, Valverde, Lauria, Quezada, Ujifusa, Burke, Mack, | |
Date Introduced: March 08, 2024 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 34-37.1-3 of the General Laws in Chapter 34-37.1 entitled "Homeless |
2 | Bill of Rights" is hereby amended to read as follows: |
3 | 34-37.1-3. Bill of Rights. |
4 | No person’s rights, privileges, or access to public services may be denied or abridged solely |
5 | because he or she is homeless. Such a person shall be granted the same rights and privileges as any |
6 | other resident of this state. A person experiencing homelessness: |
7 | (1) Has the right to use and move freely in public spaces, including, but not limited to, |
8 | public sidewalks, public parks, public transportation and public buildings, in the same manner as |
9 | any other person, and without discrimination on the basis of his or her housing status; |
10 | (2) Has the right to equal treatment by all state and municipal agencies, without |
11 | discrimination on the basis of housing status; |
12 | (3) Has the right not to face discrimination while seeking or maintaining employment due |
13 | to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter |
14 | or social service provider; |
15 | (4) Has the right to emergency medical care free from discrimination based on his or her |
16 | housing status; |
17 | (5) Has the right to live in clean and sanitary conditions, including having access to trash |
18 | receptacles and toilet facilities (portable or permanent); |
19 | (6) Has the right to collaborate with outreach and available social workers; |
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1 | (5)(7) Has the right to vote, register to vote, and receive documentation necessary to prove |
2 | identity for voting without discrimination due to his or her housing status; |
3 | (6)(8) Has the right to protection from disclosure of his or her records and information |
4 | provided to homeless shelters and service providers to state, municipal and private entities without |
5 | appropriate legal authority; and the right to confidentiality of personal records and information in |
6 | accordance with all limitations on disclosure established by the Federal Homeless Management |
7 | Information Systems, the Federal Health Insurance Portability and Accountability Act, and the |
8 | Federal Violence Against Women Act; and |
9 | (7)(9) Has the right to a reasonable expectation of privacy in his or her personal property |
10 | to the same extent as personal property in a permanent residence. |
11 | SECTION 2. Section 34-37.1-4 of the General Laws in Chapter 34-37.1 entitled "Homeless |
12 | Bill of Rights" is hereby amended to read as follows: |
13 | 34-37.1-4. Damages and attorney’s fees. Damages, attorney's fees and fines. |
14 | (a) In any civil action alleging a violation of this chapter, the court may award appropriate |
15 | injunctive and declaratory relief, actual damages, and reasonable attorney’s fees and costs to a |
16 | prevailing plaintiff. |
17 | (b) An aggrieved individual or organization, that is charted for the purpose of safeguarding |
18 | individual civil liberties or combatting homelessness, shall have the right to bring a civil action in |
19 | the superior court to enforce the provisions of this chapter. |
20 | (c) Any person intentionally violating any right recognized in this chapter may be fined |
21 | five hundred dollars ($500) per violation. |
22 | (d) All fines collected shall be utilized for housing stabilization services or to address other |
23 | issues related to homelessness. |
24 | SECTION 3. Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is |
25 | hereby amended by adding thereto the following sections: |
26 | 34-37.1-7. Written policies required. |
27 | (a) All police and public works departments shall adopt written policies and procedures |
28 | necessary to ensure that their respective departments fully comply with all requirements of this |
29 | chapter. |
30 | (b) Every police department policy established pursuant to the provisions of this section |
31 | shall recognize the reasonable expectation of privacy that a homeless person has in their tent. |
32 | Pursuant to the policy, no tent occupied by a homeless person shall be subject to an unreasonable |
33 | search. |
34 | 34-37.1-8. Encampments. |
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1 | (a) Prior to any enforcement action to relocate or vacate persons occupying an encampment |
2 | located on public property, at least sixty (60) days’ notice to vacate shall be provided to persons |
3 | staying in the encampment. |
4 | (b) Reasonable alternatives for relocation shall be made available to all person occupying |
5 | the encampment in collaboration with outreach and other available social workers, prior to any |
6 | enforcement action conducted pursuant to the provisions of subsection (a) of this section. |
7 | 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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1 | This act would update the Homeless Bill of Rights to add rules governing encampments |
2 | and includes the right to clean and sanitary conditions. |
3 | This act would take effect upon passage. |
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