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

     

     Introduced By: Senators Murray, Valverde, Lauria, Quezada, Ujifusa, Burke, Mack,
Euer, Bissaillon, and Acosta

     Date Introduced: March 08, 2024

     Referred To: Senate Housing & Municipal Government

     It is enacted by the General Assembly as follows:

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

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

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     34-37.1-3. Bill of Rights.

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

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

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other resident of this state. A person experiencing homelessness:

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

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

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

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

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discrimination on the basis of housing status;

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

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

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or social service provider;

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

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housing status;

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     (5) Has the right to live in clean and sanitary conditions, including having access to trash

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receptacles and toilet facilities (portable or permanent);

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     (6) Has the right to collaborate with outreach and available social workers;

 

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

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

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

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

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

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

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

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Federal Violence Against Women Act; and

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

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to the same extent as personal property in a permanent residence.

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

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

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

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

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

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prevailing plaintiff.

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     (b) An aggrieved individual or organization, that is charted for the purpose of safeguarding

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individual civil liberties or combatting homelessness, shall have the right to bring a civil action in

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the superior court to enforce the provisions of this chapter.

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

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five hundred dollars ($500) per violation.

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     (d) All fines collected shall be utilized for housing stabilization services or to address other

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issues related to homelessness.

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

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hereby amended by adding thereto the following sections:

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     34-37.1-7. Written policies required.

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

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

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chapter.

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

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

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

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search.

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     34-37.1-8. Encampments.

 

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

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

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staying in the encampment.

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

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the encampment in collaboration with outreach and other available social workers, prior to any

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

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     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 encampments

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and includes the right to clean and sanitary conditions.

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     This act would take effect upon passage.

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