HomeMy WebLinkAboutAB 5 - Homeless Person Bill of RightsCITY OF PALM DESERT
OFFICE OF THE CITY MANAGER
STAFF REPORT
REQUEST: APPROVE THE PALM DESERT LEGISLATIVE REVIEW COMMITTEE'S
RECOMMENDATION TO PROVIDE A LETTER OF OPPOSITION FOR
AB 5 (AMMIANO).
SUBMITTED BY:
DATE:
CONTENTS:
Recommendation
Stephen Y. Aryan, Risk Manager
May 9, 2013
AB 5: Bill Text & Analysis
By Minute Motion, approve sending a letter of opposition for AB 5(Ammiano).
Committee Recommendation
On April 26, 2013, the Palm Desert Legislative Review Committee recommended that the City
Council approve drafting a letter of opposition for AB 5(Ammiano).
Backqround
AB 5(Ammiano) proposes to enact the Homeless Person's Bill of Rights and Fairness Act ("AcY'),
which provides that no person's rights, privileges, or access to public services may be denied
because he/she is homeless. The bill would provide that every person has the right to move
freely, rest, eat, share, accept, or give food or water, and solicit donations in public spaces, as
defined, and the right to lawful self-employment, as specified; confidentiality of specified records,
assistance of legal counsel in specified proceedings, and restitution, under specified
circumstances. The Act would require every local government within the State to have sufficient
health and hygiene centers available 24 hours a day, seven days a week, for use by homeless
people.
The City of Palm Desert has taken a proactive response to end homelessness by partnering with
local and regional nonprofit organizations to assist homeless individuals in obtaining critical
services. One such example of a successful partnership is Roy's Desert Resource Center.
Located in Palm Springs, the Center offers shelter and numerous supportive services to
homeless individuals. Center staff members assist clients in regaining their stability in the
community, as well as securing safe and affordable housing. This regional effort is supported by
Palm Desert and was spearheaded by the Coachella Valley Association of Governments' (CVAG)
Homelessness Committee.
In recent years, the Coachella Valley has experienced the impacts of homeless encampments.
These encampments have had an impact on public health and safety issues in our community.
AB 5 would adversely affect the City's ability to respond to such legitimate public health and
safety issues and also make it difficult for the City to respond to business concerns about loitering
and panhandling.
AB 5 will also negatively impact the Palm Desert Police Department and Code Enforcement
Division by invalidating several existing ordinances in the Palm Desert Municipal Code and
California Penal Code that pertain to trespassing, loitering, and camping on public property
Staff Report: AB 5 Letter of Opposition
May 9, 2013
Page 2 of 2
because of the bill's definition of "public space." "Public space," as currently amended in the bill,
means any property that is owned by any state or local government entity, or upon which there is
an easement for public use, and that is held open to the public, including, but not limited to,
plazas, courtyards, parking lots, sidewalks, public transportation, public buildings and parks.
"Public space" does not include a private business establishment.
AB 5 would divert State resources toward bill implementation and lead to fewer resources for
ending homelessness, which should be the main objective of any legislation related to
homelessness. The Legislative Review Committee recommends that the City Council send a
letter of opposition for this bill.
Fiscal Analvsis
If AB 5 is enacted, the following are some identified anticipated costs to the City:
Increased operational, maintenance, staffing and utility costs to have sufficient health and
hygiene centers available 24 hours a day, seven days a week, for use by homeless
individuals.
Increased operational, maintenance, sta�ng, and utility costs for parks and public property
to be accessible to allow homeless individuals the right to rest, eat, share, accept, or give
food or water in a public space, in the same manner as any other person. Individuals
would also have the right to occupy a motor vehicle, or recreational vehicle either to rest,
sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on
public property;
• Increased patrolling and policing costs associated with the free assembly of individuals on
public property; including the right to solicit donations in public spaces in the same manner
as any other person without being subject to criminal or civil sanctions, harassment, or
arrest by law enforcement because a person is homeless; and
The bill could also potentially increase frivolous litigation by authorizing individuals the
right to bring a lawsuit against public entities, including award of punitive damages and a
minimum of $1,000 to a person who believes that his/her rights have been violated under
this bill.
Submitted By: .
, � .
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Stephe�n Y. Aryan, `Risk Ulanager
Approval: ��
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Jo,hqf M. Wohlmuth, City Manager
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CITY COUNCILACTION
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Bill Text - AB-5 Homelessness.
Page 2 of 10
imposing a state-mandated locai program. The bill would provide for judiciai relief and impose civil penalties for
a violation of the act.
', This bill would require the State Department of Public Health to fund the provision of health and hygiene
I centers, as specified, for use by homeless persons in designated areas.
This bill would provide that its provisions address a matter of statewide concern. The biil would provide that its
provisions are severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
, This bill wouid provide that, if the Commission on State Mandates determines that the bill contains costs
� mandated by the state, reimbursement for those costs shali be made pursuant to these statutory provisions.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shail be known and may be cited as the Homeless Person's Bill of Rights and Fairness Act:
SEC. 2. The Legislature finds and declares all of the following:
(a) In the State of California, there has been a long history of discriminatory laws and ordinances that have
disproportionately affected people with low incomes and who are without homes, including, but not limited to,
all of the following: �
(1) Jim Crow laws: After the Civil War, many states, especially in the south, passed laws denying African
Americans basic human rights. In California, these laws also targeted Chinese immigrants. In San Francisco, ',
Chinese residents were forced to live in one area of the city. The same segregation laws also prohibited ;
' interracial marriage between Chinese and non-Chinese persons.
' (2) Ugly laws: In 1867, San Francisco was the first city in the country to pass a law making it iliegal for people I
with "unsightly or disgusting" disabilities to appear in pubiic. In many cities, these laws persisted until the ,
1970s.
(3) Anti-Okie laws: In 1937, California passed an Anti-Okie law that criminalized "bringing or assisting in
bringing" extremely poor people into the state. The United States Supreme Court struck down the law in 1941,
when it deciared that these laws are in violation of the commerce clause, and therefore unconstitutional.
(4) Sundown town ordinances: Town policies and real estate covenants were aimed at preventing minorities,
homeless persons, and other persons considered to be socially undesirable from remaining within city limits
after sunset. Thousands of these towns existed prio� to the federal Civii Rights Act of 1968, which made these
ordinances and covenants illegal.
(5) Vagrancy iaws: Vagrancy laws have been held to be discriminatory on their face because they criminalize a
person's status rather than a behavior. Nevertheless, these laws existed in California until the Legislature
revised them in 1961.
(b) Act of living ordinances, often known as "quality of life ordinances" and other similar ordinances, are the
modern reincarnations of laws of this kind. They are designed to force homeless peop�e to flee local
jurisdictions. These local ordinances result in de facto segregation as homeless peopie are forced out of specific
jurisdictions o� out of specific neighborhoods within jurisdictions. These practices tend to condemn large groups
of inhabitants to dwel� in segregated districts or under depressed living conditions that result in crowded,
unsanitary, substandard, and unheaithful accommodations. Furthermore, these policies result in criminalization
of homeless persons who do not choose, or are unable, to migrate.
(c) Today, in the state, many people are denied the foliowing:
(1) Housing due to their status of being homeless, living in a shelter, a vehicle, the street, or the public domain.
(2) Employment due to their current status of being homeless or living in a shelter or a vehicle on the street.
(3) Housing and employment as a result of not having a fixed or residential mailing address or having a post
office box as a mailing address.
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB5&search_... 5/1 /2013
AB 5
Page 1
Date of Hearing: April 23, 2013
ASSEMBLY COMIVIITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 5(Amcma�) — As Amended: Apr� 8, 2013
As Proposed to be Amended
SUBJECT: HOMELESS PERSONS: BASIC RIGHTS
KEY ISSUE: SHOULD NEW RIGHTS FOR HOMELESS PERSONS BE ESTABLISHED,
INCLUDING A PROHIBITION AGAINST DISCRIlV�TATION BY PUBLIC ENTTI'IES ON
PUBLIC PROPERTY, RIGHTS TO CONFIDENTIALITY AND LEGAL COUNSEL,
PROTECTIONS FOR THOSE WHO AID A HOMELESS PERSON, REQUIRED REPORTS
REGARDING SPECIFIED LAW ENFORCEMENT ACTIVITTES AND ESTABLISHMENT
OF AID CENTERS?
FISCAL EFFECT: As currently in print this bill is keyed fiscaL
SYNOPSIS
This bill would enact the Homeless Person's Bill of Rights and Fairness Act. As originally
introduced, the bill was met with significant criticism. It has since been substantially amended,
and further narrowing amendments are proposed today. In the form before this Committee, the
bill would establish certain protections against discrimination on the basis of homelessness by
public entities with regard to persons on public property engaged in specified activities, such as
resting, eating and praying. Further, the bill would prohibit penalties against persons who offer
food or water to homeless persons, and would prohibit retaliation against public employees who
offer appropriate assistance to a homeless person. The bill also ensures that homeless persons
have rights to confidentiality in specified public records, and the right to decline public services
without sanction or harassment. In addition, the bill would establish a far broader right to rest
on public property, regardless of local prohibitions, unless the applrcable county provided
specified levels of public benefits. ?'he bill also requires local governments to provide health and
hygiene centers for use by homeless people, and requires law enforcement agencies to compile
and report data regarding enforcement activities that homeless people allege are selectively
enforced against them. Finally, the bill would provide a right to legal counsel when a local
government brings specified criminal enforcement actions against a homeless person, and would
provide a civil right of action for violations of the civil rights recognized in the bill. The bill
would apply only to public officials and quasi public entities such as Business Improvement
Districts (BIDs) and security personnel, not to private business establishments.
Supporters argue that homelessness has increased as the result of increased poverty rates, in
conjunction with diminished social spending, leading many local governments to respond by
simply criminalizing the basic human activities of homeless people. Opponents representing
local governments and business groups argue that the bill fails to strike an appropriate balance
between promoting health and safety for all residents and respecting the local designation of
resources. Opponents also contend that the bill would create costly mandates, blur the line
between local jurisdiction authority, and undermine the local decision makingprocess.
AB 5
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SLTPvIMARY: Recognizes specified rights for ho�less people. Specifically, this b�71:
1) Provides that every homeless person in the state shall have the right to move freely, rest,
solicit donations, pray, meditate, or practice religion, and to eat, share, accept, or give food
and water in public spaces wnthout bemg subject to cr�nu�al or civil sa�tions, harassment or
arrest by law enforcement, public or private security persorniel, or Business Improvement
District (BID) agents because he or she i� homeless.
2) Provides that every homeless person shall have the right to occupy a motor velucle or
recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the
velucle is legally parked on public properly, without being subject to criminal or civil
sanctions, harassment, or arrest from law enforcement, public or private securiky personnel,
or BID agents.
3) Provides that every homeless person shall have the right to� the same protections that law
enforcement agencies a�rd to any other person.
4) Provides that law enfr�rcement may enforce existmg local laws regarding restmg in a public
p]ace pmvided that specified hinnan service criteria are met: the person's county of residence
maintains 12 months per year of nonmedical assistar�ce for employable, able-bodied aduhs
who are compliant with program rules established by the county, uichading work
requirements; the localrty is not a geographical area as an area of concentrated
unemployment or underemployment or an area of labor surplus; and the pubfic housing
waitmg list maintained by the county contains fewer than 50 persons.
5) Provides that every homeless person has the right to engage in lawful self-employment, in
the same marmer as any other person, including, but not lirnited to, the right to seek self-
er�loyment in junk removal and recycling that requires the collection, possession,
redemption, and storage of goods far reuse and recycling, without being subject to criminal
or civil sanctions, l�arassment, or arrest.
6) Provides that every homeless person shall l�ave the right to decline admittance to a pubfic or
private shelker or any other accornmodati�n, inchuiing social services programs, for any
reason he or she sees frt, wrthout being subject to cruninal or civil sanctions, harassmeirt, or
arrest from law enforcement, public or private security persoxmel, or BID agents.
7) Provides that every homeless person shall l�ave the right to confiderrtiality of lvs or her
records and information by homeless shelters, medical centers, schools, or any other publicly
fianded human service provider to law enforcement agencies, employers or la�dlords without
appropriate legal authority.
8) Provides that every homeless person shall have the right to assistance of counsel if a county
chooses to initiate judicial proceed'mgs under ]aws that are often selectively enforced against
l�meless peop�.
9) Prohibits retabation agamst public employees who offer ava�able resources to a homeless
person in order to protect that person from harm.
10) Prolubits the civil sanction, arrest, or harassment of any person or organization offermg food
AB 5
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or water in a public space to a homeless person.
11) Provides that every local governmern ami disadvantaged unincoiporated comcmmity within
the state shall have sufficient health ar� hygiene centers ava�7able 24 hours a day, seven days
a week, for use by l�meless people.
12) Requ�es ]aw enforcement agencies to armually comp�e and review the number of citations,
arrests, a�d other enforcement activities under laws that are alleged to be selectively enforced
against homeless people.
13) Requires local law enforce�nt agencies to make public the records of crtations, arrests and
other enforcement activities under laws that are alleged to be selectively enf�rced against
homeless people, and to report these records to the Attorney General's office annually.
14) Provides that any person whose rights have been violated under this part may enforce that
right m a civ� action in which the court may award appropriate refief axid damages, mcluding
restitution for loss of property or personal effects and belongings as well as reasonable
attorneys' fees and costs to a prevailing plaintif£
15) Provides that no person shall, on the basis of housmg status, be unlawfully denied full and
equal access to the benefits o� or be unlawfully subjected to discrimination under, any
program or activity that is conducted, operated, or admmistered by the state or by any state
agency, is funded directly by the state or receives any fmanc ial assistance from the state.
EXISTING LAW:
1) Provides that all persons are free at�l equal no matter what their se� race, color religion,
ancestry, national origin, disab�ity, medical condition, genetic inforn�ation, marita.l status, or
se�ual orientation and are entitled to full aml equal accornmodations, advantages, facilities,
privileges, or services in all business establishments. (Civ� Code section 51.)
2) Establishes tl�at no person shall be discriminated ur�der any state-fur�ded program or activity
onthe basis ofrace, national origin, ethnic group ide�rtif�ation, religion, age, sex, sexiaal
orienkation, color, genetic information, or disability. (Govemment Code section 11135.)
COMMENTS: In support of the b�71, the author states:
There is currently no unified state law tUat defnes a statewide standard protecting basic
civ�1 rights of our most vuhierable Californians. Today, numerous laws infringe on poor
people's ab�ity to e�st in public space, to acquire housing, employmerrt, and basic
services, and to equal protection under the law. The Homeless Person's Bill of Rights and
Fairness Act is a response that can help alleviate poverty and homelessness wlvle
protecting people from discrimination and ensuring a right to privacy and personal
property.
With poverty and unemploymerit reaching record numbers in California, our cities have
begun enactu�g a wave of such ]aws, targetmg mostly people without homes. These ]aws,
commonly called "quality of life" or "anti-nuisance" ord'mances, crinunalize sleeping,
AB 5
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sitting, and even food-sharing in public spaces. Just hke the discrimu�atory laws from the
past, they deny people theff right to exist in bcal co�mnanities.
According to research published by the Western Regional Advocacy Project, the main
"illegal o�nses" that people without homes have been charged with as a resuh of these
"nuisance" laws are:
• 83% hara.ssed for sleepin�, with 48% of these people cited and 30% arrested.
• 79% l�arassed for sittin� or lvui� down, with 43% of these people cited and 26%
arrested.
. 66% harassed for "loiterin�" or being present in a public space, with 40% of these
people cited and 24% arrested.
This same study found that the majoriry of people without homes were scared to live on
the streets and that they did not know of a safe place to sleep at night where they would
not be arrested.
The solution to homelessness is not citations anci ja� time. A citation for sleeping or
stand'mg on the street, instead, cor►trbutes to a person's inability to establish financial
solvency and good credrt necessary to secure employrr�nt arid a rental agreement.
Citations, arrests and ja�1 time do not solve home�ssness, they just route crucial public
dollars that couki be spent on housing, to an aheady impacted court and corrections
system, neither of which have the responsibility ar resources to provide housmg.
Home�ssness is a consequence of poverty and 'mab�ity to afford housing arxl can only be
curtailed by shifting our priorities to address these root causes.
AB 5 enacts law protecting people wrthout homes from violations oftheir basic human
riglits and the people who serve them from penatties. It also resolves to reduce the ur�pact
of homelessness on cormYnxnities and individuals by diverting investment from
crnninalization to stab�7ization efforts.
Suaporters Areue That Homelessness Has Increased As the Result of Increased Povertv Rates In
Coniunction With Diminished Social Snend'm�, L,eadin� Manv Local Govemments To Resnond
Bv Sm�plv Crm��alizin� Homelessness. This b�71 is co-sponsored by the Western Center on
Law and Poverly, JERICHO, and the Western Regional Advocacy Project which jointly state:
Homelessness is the most brutal and severe face of poverty, experienced da�y by 160,000
men, women, ancl ch�7dren in California. 'This represents 20% of the nation's homekss
population. In recent years, there have been increases in the numbers people
e�eriencing homelessness. Homelessness not only has gave inunan consequences, it
also creates challenges for local governments, both nu-al and urban.
Far�vlies with ch�dren have been one of the fastest growing groups of homeless people,
representmg over 40% of the nation's homeless in 2009 according to the National
Coalikion for the Homeless. In Califr�rnia, chiki ho�lessness is high The National
Center on Family Homelessness has given California a rank of 49th worst in the rnm�ber
of homeless ch�ldren and 48th worst in the percentage of ch�iren who are homeless.
According to data collected by the McKinney-Vento Educational Programs more than
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292,624 California chiklren experie�e homelessness each year. Of the 2,200,000
ch�-en living � poverty in California, thirteen peroent are homeless.
It should come as no surprise that homelessness is increasing among families with
ch�klren, as poverty among families wikh ch�7dren is also on t� rise. Accordmg to the
Public Policy Institute of Cabfornia, after reachmg a bw of about 16% in 2001, the ch�d
poverty rate m Cafifornia has been trending upward with nearly 1 in 4 ch�ldren living m
poverty in California (23.2%} m 2010. California is m the xrrinority of states with an
mcrease in ch�d poverty over 5% per year for the ]ast couple of years.
The consequences of poverry for people who lack housing are significant.
Homeless ianulies are twice as hlcely as mbddle-income families to report that their
chikiren have moderate or severe heahh problems such as astluna, dental problems, and
emotional difficulties.
The healkh consequences of homelessness are not lanited to children. On average,
homeless adults have 8 to 9 concurrent medical �lnesses, cominonly suffering from skin
conditions, respiratory infections, tooth decay, foot problems, vision disturbances, and
trauma. Chronic diseases, such as hypertension, diabetes, and asthma, are prevalent
among people without homes and are more difficult to manage. Sexually Transmitted
Infections (STIs) are corrnnon among homeless g�ls and women, as a result of 1'muted
access to reproductive healkh services, prostrtntion, and survival sex (sex m exchange for
food or temporary shelter). Homelessness contnbutes to hard-to-manage medical and
psychiatric �7lnesses because people who don't l�ave homes are more vulnerable to harm
caused by crime and violence; prolonged standing; excessive outdoor e�osure; and
airborne infectious diseases due to overcrowding.
Without a home, people are less able to safely store or prepare food arxi so are more
1�lcely to succumb to f�od borne illnesses.
The hwnan e�erience of homelessness is profournd. Whether a ch�7d, adult or elder, the
]ack of privacy and social isolation e�cperienced by people with no home can lead to
significant bouks of depression and have bng-]asting impacts on self-worth asxi
emotional we�being. The prevalence of homelessness in the 21 st century is a result of an
inexcusable faihire of our economic and political system tbat l�as led, not only, to
violations of internationally recognized hurnan rights but also impact the pub}ic health of
exrtffe commu.mities.
Episodes of mass homelessness have occurred tlu-oughout U.S. history. However, in the
middle of the twentieth century, fi�lbwing fa�led attempts to outnm vagra�y by passing
laws criminalizing the e�stence of poverty, New Deal policies and post-World War II
social welfare prograrns efl'ectively reduced the numbers of homeless people in the
United States. Certainly, marginally housed populations atxl severe urban poverly did
continue to exist a$er these policies and programs were initiated, especially amongst
elderly men living in skid rows and amongst people facmg racist economic
discrmunation. Yet, few people were so deeply poor and had such 1'united options that
they were forced to live on the streets.
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Now, three decades after the first hot�less shelters opened, with comparative
investments in affordable housing the lowest since it began, there i� an uptick in ]aws that
make rt�legal to be poor and homeless in public spaces.
The following facts docut�nting that decl'me are i�haded in the Western Regional
Advocacy Project report Witl�out Hous�g:
• Between 1978 and 1983, HtJD budget autharity shrank from $83 b�lion to little
more than $18 bi�lion m 2004 constant doliars, and since then has never been
more than $32 b�lion except for in 2009 and 2010 because of Recovery Act
fimding.
• HUD Fund'mg for new public housmg units l�as been zero since 1996.
Meanwhile, since
1995, 360,000 housing units have been lost. HLJD est�nates that approximately
100,000 units are sold or destroyed each year.
• Since 1995, 360,000 project-based units of Section 8 housing t.hat have been lost
and another 900,0000 of these units have contract set to expire befare 2014,
accountuig for the long wait lists for housmg assistance. As a result, currerrt
funding for the voucher progam meets the needs of onty one-quarter of homeless
farrrilie s.
• From1976-1985, a yearly average of almost 31,000 new Section 515 nual
affordable housing units were bw�t, from 1986-2005, the average yearly
production was 8170, a 74 percent red�tion and in 2011 only 763 units were
built.
On top of the loss of public hous�g, affordable housing construction and Section 8
vouchers, rental markets have the lowest vacancy rates in a decade causing rental costs to
remain high throughout the recession. Accord'mg to the Urban Institute's 2011 Out of
Reach report, on average in 2011 a househokl needs to earn $18.46 an hour, working 40
l�urs a week, 52 weeks a year, to afford a two-bedroom home at the Fa.ir Market Rent.
Perhaps most distressmg about, and very rm�ch related to, the increase m homelessness
and dramatic decrease in federal fimding for affordable housmg and support for low-
income renters caught in this tight rental market is t1�at the federal government is
spending �re on housmg subsidies today than ik ever has, but these subsiclies
overwhelmingly benefit wealthy home owners. Federal expenditures on home ownership
mortgage deductions in 2012 were $131 billion, while total fiuxiing � federal low-
income housing assistance programs was under $50 billion.
This bill is also co-sponsored by the East Bay Comtrnmity Law Center, wluch states:
At EBCLC, we have worked extensively with homeless clieirts over the past 25 years.
We have seen firsthand the trend toward criminalization of hox�lessness, and its ill
effects. Our clients are charged wikh trespassing for standing on a pubfic sidewalk, wlvle
nearby housed people are — unsurprisingly — not cited. AB 5 would prolvbit that kmd of
selective enforcement. We have elderly and disabled homeless cfients who endured
cr'nmu�al prosecution because they were sleeping urxler an out-of-the-way awning or
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overhang on a ra�y night. AB 5 would lunit enforcement of sleeping hws. We know
homeless veterans who were cited for having their neatly packed belongings in public, or
who had all their earthly belongings confiscated and destroyed. AB 5 would protect
personal properiy and requue restitution when belongings were �7legally discarded. It is
mind-boggling when we see �me�ss people turned away from treatment programs,
housing, or jobs because they have arrest warrants for "qualnty of fife" tickets. AB 5
would curta� the government resources spent on giving homeless people citations they
carmot aflord to pay for acts that shou�d not be cnrrrinal to begin with, and w�71 thereby
reduce ja�1 and court costs that our state can �1 afford.
AB 5's provisions are in line with e�erts' nationally-recognized policy
recommendations. Citing and jailing horr�less people for being in pubfic is bad pubfic
policy, according to the federal govenmient, the U.S. Conference of Mayors, numerous
stuclies and reports and the experiences of homeless people themselves. Studies have
shown that businesses do not do better when cities crunu�alize homelessness. This is
partly because criminalization does not house homeless people. In fact, crunmalization
can e�cerbate homelessness, creating warrants and crnnmal records that can impede a
homeless person's chance at getting housmg, treatrnent, or ernployment.
This B�1 Prevents Discrimination On The Basis Of Homelessness Bv Public Entities In Public
Places. This bill prohbits the discritnination against homeless people by public entities and BID
agents with respect to specified activities on public property. Specifically: homeless people
would have the right to move freely, rest, soficit donations, pray, meditate, or practice religion,
and eat, share, accept, or give food and water in public spaces without being subject to crmunal
or civil sanctions, harassment or arrest by law enforcemerrt, public or private security persorniel,
or BID agents because he or sl� is homeless.
L�lcewise, under this bill homeless people would have the right to occupy a motor vehicle or
recreational vehicle either to rest, sleep, or use for the purposes of shelter, provided that the
vehicle is legally parked on public properiy, without being subject to crirninal or civil sanctions,
harassment, or arrest from law enforoemeut, public or private security persorme], or BID agents.
Homeless people would also have the right to engage in lawful self-empbyment, in the same
mazmer as any other person, without being subject to criminal or civil sanctions, harassment, ar
arrest because the person is homeless. This b�71 also provides tl�at hor�less persons sl�all not be
wilawfully denied full and equal access to the benefrts o� or be unlawfully subjected to
discrimination under, any program or activity that is conducted, operated, or administered by the
state or by any state agency, rs fimded directly by the state or receives any fmancial assistance
from the state. Thus, enforcement actions by the specified errtities on public property that l�ave
the purpose or effect of discriminating aga�st a person because he or she is homeless woukl be
prolvbited by the b�71.
Further, this b�l provides that every homeless person shall have the right to the same protections
that law enforcement agencies a$'ord to any other person.
T'his Bill Would Establish A New Rieht For Homeless Peonle To Rest In Public Snaces Unless
A Local Governr�nt Provides Snecified I.evels Of Public Benefits. In addition to the equal
treatmerrt provision noted above, this b�l wouki establish a more absohrte right to rest m public
p]aces, notwitl�standing tl�at an ordinance ar enforcement action may treat homeless and non-
homeless persons the same. Under the b�l, it appears that bcal govemments couki not proh�bit
AB 5
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sleep�g in public parks by enforcmg nighttime closing rules unless the county prov�des a
spec�ied level of inunan services. That is, the b� provides that law enforcernent may enforce
existing local ]aws regarding resting in a public place if the person's county of residence
maintains 12 months per year of nomnedical assistance for employable, able-bodied adults who
are compliant with program n�les established by the county, i�huiing work requirements; the
localrty is �t a geographical area as an area of co�entrated une�loy�nt or u�derempbyment
or an area of labor surphas; and the pub}ic housing waiting list mamtained by the courrty coirta�s
fewer than 50 persons.
This B�1 Provides Homeless People The Ri�ht To Decline Public Services. According to
supporters, homeless peopk are o�en forced to separate from loved ones, give up their personal
property or pets m order to access public services, including shelters. This bill provides that
every homeless person sl�all l�ave the right to declme admittance to a pubfic or private sheker or
any other accommodation, including social services programs, for any reason he or she sees fit,
without being subject to crnrrinal or civil sarictions, harassment, or arrest from law enforcement,
public or private securnty persorniel, or BID agents.
This Bi� Provides Homeless Peonle The Risht To Confidentialitv Re�ard'm� Certain Pubfic
Records. The records and inforn�ation of homeless people kept by homeless shehers, medical
centers, schools, or any other publicly funded human service provider would be kept confidential
and not be disclosed to ]aw enforcement agencies, empbyers or landlords unless there is
appropriate legal authority to disclose.
This Bill Provides Those Wron�ed A Rexr�edv For Violation Of Their Ri�hts. Specially, this b�l
provides that any person whose riglYts have been violated under this part may enforce that right
in a civil action in which the court may award appropriate relief an,d damages, including
restitution for loss of property or personal eflects and bebngings as well as reasonable attorneys'
fees and costs to a preva�ing plaintif£
This Bill Provides The Ri�ht To Counsel In Certam Cases. If a courrty chooses to initiate
judicial proceedings under laws that are allegedly enforced selectively aga�st homeless people,
this b�l would give the homeless person a right to counsel in that pmceeding, elpanding the
existing constihztional right to counsel m crimu�al cases involving felonies.
The East Bay Community Law Center argues:
In the vast majoriry of couuties, District Attomeys do not send attorneys to traffic court to
represent the state in infiaction cases. Rather, if a citation is challenged, the citing officer
testifies, and the defendarrt has the opporhmity to do so as well - nornrally, neither party
is represented. However, in some small nutnber of coLmties or cases, the Dislrict Attomey
is spending attomey resources prosecuting mtn�icipal infi�actions.
For the most part AB 5 does not change existing law about when defen,dants receive
counseL It does, however, provide that if a prosecuting attorney is present in court, the
defendant shouki have an attorney as we1L Counties would be able to avoid the cost of
defense (and rm�ch of the prosecution cost) by prosecuting infraction cases without an
attorney present far the state, as most counties a}ready do. As a result, this provision of
AB 5 coukl save money as well as balance the scales of people charged with crnnes.
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This B�l Prohibits Penalt�s Aeainst Persons Who Offer Food Or Water And Proh�biks
Retaliation A�a�st Public O�cials Wlio Provide Aid. Specifically, this b�71 proh�bits the civil
sanction, arrest, or harassment of any person or organization offer�g food or water in a pubfic
space to a homeless person. Additionally, this bill prolubits retabation against public employees
who offer ava�7able resources to a homeless person in order to protect that person from hann.
This B�1 Reauires I.ocal Governrr�ents To Provkie Aid Centers For Horr�less Peonle.
Supporters argue that people without a ho� are l�nited in theff access to safe and responsible
personal hygiene. This bill provides that every local government and disadvantaged
imincorporated community within the state shall have sufficient health and hygiene centers
ava�7able 24 houis a day, seven days a week, for use by homeless people.
In Order To Monitor Enforoement and Improve Law Enforcement Eff'icie�v, This B�71 Requires
Recordkeepin� Reeard'me Certain Law Enforcement Activities. This b�l requires law
enforcement agencies to aimually compile and review of the number of citations, arrests, and
other enforcement activities under laws that are allegedly enforced selectively against homeless
people. Additionally, this bi71 requires local law enforcement agencies to make public the
records of citations, arrests and other enforcement activities under laws that are often selectively
enforced against homeless people and to report these records to the Attorney General's office
annually.
The East Bay Community Law Cexrter argues that tracking this information is vital to in�proved
homeless policy in California because "we cannot address the problems of discriminatory
enforcement—a problem well attested by anecdote, departmental stateme�ts of policy, and
historical reason — without good information on enforcement practices. [And] we carmot
adequately evaluate policies of criminalization without good information."
ARGUMENTS IN OPPOSITION: This bill is opposed by many local government agencies a�,d
business groups. Among others, the League of California Cities, California Downtown
Association, and California Special District Associations jointly state:
We recogrvze the intercormectedness of safe, decent, and permanent housing when
addressmg other needs of Califnrnia's homeless population, such as merital health or
substance abuse treatment, and unemployment. However, any solution irnist stnke a
balance between promoting health and safety for all residents and respecting the local
designation of resources. Unfortunately, AB 5 would create costly mandates, bhar the
line between local jurisdiction authority, arxi undernune the local decision making
process. Specifically, AB 5 woukl:
• Increase costs for local law enforcement at a time when funding for public safety is
scarce by requiring the armual compilation and reporpng of statistics on violations
related to obstructing a sidewalk, loitering, sitting, lying down, skeping in public,
soliciting donations, bathing in public places, sleeping in a vehicle, jaywalking, and
trespassing.
• Usurp local authority by prolvbiting the enforcement of existing local ordinar�ces if
the county does not maintain year-round nornnedical assistance and there are fewer
than 50 people on the cowity's public housing warting list. Special districts and
AB 5
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cities do not have authority over county actions, and yet they woukl still l�ave the�
local authoriky hindered based on the counties actions.
. Provide civ� arxi criminal protections fc�r local agency employees who make that
agency's property and resources available for use or distnbution to homeless persons
without the consent of that local agency.
• Require every local government to have health and hygiene centers with access 24
hours a day, seven days a week to bathroom and shower fac�ities. This requirement
also confuses the autonomy of cities and special districts regarding oversight and
administratio n,
• Increase court costs and inlvbit revenue collection by guaranteeing persons the right
to counsel for faibure to appear or pay bail, in addition to provkling ample
opportunities to file a lawsuit and recover money.
Despite our opposition to AB 5, we share some common ground with the intent of the
b�l. Local governrnents strive to assist those m need by offering housmg, mental health
counseling, and other services. As such, we believe that other legislation introduced tliis
year would more appropriately create solutions for California's homeless. These include
AB 639 (J. Perez), which would repurpose existing bond money authorized to assist
veterans with hous�g and SB 391 (DeSaulnier), which woukl provide a reliable and
steady source of affordable housmg money.
REGISTERED SUPPORT / OPPOSITION:
Support
Western Regional Advocacy Project, Co-Sponsor
Western Center on Law and Poverty, Co-Sponsor
JERICHO: A Voice for Justice, Co-Sponsor
East Bay Community Law Center, Co-Sponsor
ACLU
Asian Law Alliance
Bemal Heights Neighborhood Center
Black Caucus of California Comrminity Colleges
Bw7ding Opportunities for Self-Sufficiency
Caduceus Justice
California Alliance for Retired Americans
California Church Impact
California Coalition for Youth
California CorrnYnanities United Instiluute
California Hunger Action Coalition
California Latinas for Reproductive Justice
California Nurses Association
California Partnership to Ex�d Domestic Violence
California Psychological Association
California Public Defenders Association
California Senior Legislature
AB 5
Page 11
Californians United for a Responsible Budget
Causa Justa: Just Cause
Cham Delivera�e Mmistry
City of Riclm�nd
Coalition on Homelessness, San Francisco
Comrrmm�ty Alliance
Comrrnmity Food and Justice Coalition
Conmiunity Housing Partnership
Community Resource Center
Compass Fam�y Services
Disability Rights Advocates
Drug Policy Alliance
End Hunger Action Coalition
Episcopal Com►rnmity Services, San Francisco
General Assistance Advocacy Project
Harrn7ton Fam�y Center
Healthy Commi,mities, Inc.
Homeless Action Center
Homeless Emergency Services Providers Association, San Francisco
Homeless Health Care Los Angeles
Homeless Youth Alliance
Hospitality House
Hunger Action Los Angeles
Hyde Street Comm�.mity Services, Inc.
LA Human Right to Housing Collective
Labor/Co�nity Strategy Center
Larkin Street Youth Services
Lawyers' Committee for Civil Rights of San Francisco Bay Area
Los Angeles Anti-Eviction Campaign
Los Angeles Community Action Network
Los Angeles Poverty Deparhnent
Mutual Housing California
National Associarion of Social Workers
National Coalition for the Homeless
National Economic and Social Rights Initiative
National Health Care for the Homeless Counc�
National Law Center on Homelessness & Poverty
Occu}�y Sacramento
Paratransit, Inc.
People Orgaivzed For Westside Renewal
People Organized to Win Ernployment Rights
Public Law Center
Rhode Island Coalition for the Homeless
Richmond Progressive Alliance
Sacra�nto Homeless OrgaYvzing Committee
Sacrarnerrto Housing Alliance
Sacrair�eirto Loaves & Fishes
Safe Ground Sacramento
Safi'ron Straixi, Inc.
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Page 12
San Diego Hunger Coalition
San Francisco Labor Counc�
San Fra�isco Living Wage Coalition
San Francisco Loca1 Homeless Coordinating Board
San Francisco Senior & Disability Action
So�ma County Task Force �r the Homeless
South Hayward Parish
St. Anthony Foundation
St. John's Well Child &�arru�y Center
St. Mary's Center
Swords to Plowshares
Tenderloin Neighborhood Development Corporation
Topanga Peace Alliance
Union de Vecinos
United Counc� of Human Services, Mother Brown's D'ming Room
Venice Community Housing Corporation
Women Organized to Respond to Life-Threatening Diseases
Women Organizing Resources, Knowledge & Services
Women's Empowerment
343+ Individuals
Support if Amended
The Arc Ca�iffornia
United Cerebral Palsy in California
Opposition
Air Con,clitioning Trade Association
Association of California Cities — Orange County
Building Owners and Managers Association of California
California Chamber of Commerce
Ca}ifornia Aparhnent Association
California Association of Joint Powers Authority
Calif�rnia Business Properties Associarion
California Downtown Association
California Farm Bureau Federation
California Crrocers Association
California Hotel & Lodgulg Association
Califomia Manufacturers and Tecllmology Association
California Park & Recreation Society
California Po}ice Cluefs Association
California Special Districts Association
California State Sheriffs' Association
California Travel Associarion
Central City East Association
City of Bellflower
City of Buena Park
City of Concord
City of Corona
Ciky of Cypress
AB 5
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City of I.ake Forrest
City of Pahndale
Cil.y of Menifee
City of Signal Hill
City of Thousar�d Oaks
Civ� Justice Association of Cabfornia
Cowriy of Lassen
Desert Water Agency
East Bay Rental Housing Association
Historic Downtown I,os Angeles Business Improvement District
Hollister powntown Association
Hollywood Property Owners Allia�e
Intemational Counc� of Shopping Centers
League of Calif�rnia Cities
Midtown Business Association
NAIOP of California, the Corrmleroial Rea1 Estate Development Association
National Federation of In�dependent Busmess - California
NORCAL Rerrtal Property Association
Orange County Business Council
Phm�bing-Heating-Cooling Contractors Association of California
San Jose Downtown Association
Save the American River Association
South Park Co�n�anity Benefit Disttict
The Apartment Association, California Southern Cities
The River District
Western Electrical Contractors Association
Analvsis Prepared bv: Kevin G. Baker ar�1 Kelsey Fischer / JLJD. /(916) 319-2334
Bill Text - AB-5 Homelessness. Page 10 of 10
S€C'. 6SEC. 5. The Legislature finds and declares that the need to address discriminatory practices is a matter
of statewide concern and is not a municipal affair, as that term is used in Section 5 of Article XI of the California
Constitution. Therefore, this act shall apply to all cities, including charter cities.
SEC,--7-.SEC. 6. The provisions of this act are severable. If any provision of this act or its application is held
invalid, that invalidity shall not affect other provisions or applications that can be given effect without the
invalid provision or application.
SEC. S.SEC. 7. If the Commission on State Mandates determines that this act contains costs mandated by the
state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Bill Text - AB-5 Homelessness.
Page 1 of 10
ea')
Voifirte.l,
ISLATIVE INFORMATION
AB-5 Homelessness. (2013-2014)
AMENDED IN ASSEMBLY APRIL 30, 2013
AMENDED IN ASSEMBLY APRIL 08, 2013
CALIFORNIA LEGISLATURE— 2013-2014 REGULAR SESSION
ASSEMBLY BILL No. 5
Introduced by Assembly Member Ammiano
December 03, 2012
An act to add Part 2.2 (commencing with Section 53.1) to Division 1 of the Civil
Code, and to amend Section 11135 of the Government Code, relating to
homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 5, as amended, Ammiano. Homelessness.
Existing law provides that no person in the state shall, on the basis of race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully
denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program
or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly
by the state, or receives any financial assistance from the state.
This bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's
rights, privileges, or access to public services may be denied or abridged because he or she is homcle:f, has a
homeless.
perm. in Nc •t%ia, rafa:dless of actual or perceived 6o.iri9 dc'lc�o lo.i income, sexual orientation, gender
identity, citizen�hrF, ;r'.;1r.jstion status, shall bc frcc from specified for
entitled to iriamv. rife,, including the right to bc frcc from discrimination by law enforcement, in
the sill while socking services. The bill would provide that every homeless person has the right,
among others, to access public property, poress personal property, acceJ, PJv t ��stwv��, alasM water,
move freely, rest, eat, share, accept, or give food or water, and solicit donations in public
spaces, as defined, and the right to lawful self-employment, as specified, ~_ ,cnc none crgcn_; health
care, confidentiality of medical specified records, assistance of legal counsel in specified proceedings, and
restitution, under specified circumstances. By requiring a county to pay the cost of providing legal counsel, as
specified, the bill would increase the duties of local agencies, thereby imposing a state -mandated local program.
The bill would provide immunity from employer -retaliation; retaliation to a public employee who provides
specified assistance to a homeless person. The bill would require local law enforcement agencies to make
specified information available to the public and report to the Attorney General on an annual basis with regard
to enforcement of local ordinances against homeless persons and compliance with the act, as specified, thereby
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(4) Equal protection of the laws and due process by law enforcement and prosecuting agencies.
(5) The ability to make certain purchases or enter certain contests as a result of not having a fixed or
residential mailing address or having a post office box as a mailing address.
(6) Access to safe, clean restrooms, water, and hygienic supplies necessary to maintain health, safety, and
dignity, especially with the proliferation of closures of public restrooms.
(d) Homeless persons are unfairly targeted by law enforcement, often resulting in the violation of homeless
persons' constitutional rights. Lacking the resources necessary to obtain adequate legal representation,
homeless persons are often denied relief or damages through the courts.
(e) Homeless persons rarely have access to shelters, and when shelter is available, its conditions can be so poor
as to jeopardize their health and physical and mental safety.
(f) Homeless persons are often forced to separate from loved ones, give up their personal property, abandon
pets, and make other inhumane choices in order to access even minimal shelter.
(g) Lesbian, gay, bisexual, transgender, gender nonconforming, and queer individuals often are forced to accept
inappropriate or unsafe accommodations to access publicly funded emergency shelters.
(h) Children in homeless families are denied the ability to continue receiving education in their preferred school
if their family's shelter lies outside the boundaries of their former district.
(i) At the present time, many persons have been rendered homeless as a result of a deep and prolonged
economic recession, a severe shortage of safe and affordable housing, a failed mental health system, and a
shrinking social safety net.
(j) Section 1 of Article I of the California Constitution provides that"[a]II people are by nature free and
independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring,
possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy."
(k) Subdivision (a) of Section 7 of Article I of the California Constitution provides, in part, that "[a] person may
not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws...
(I) Concordant with this fundamental belief, a person should not be subject to discrimination based on his or her
housing status, income level, mental or physical disability, sexual orientation, gender identity, citizenship, or
immigration status. Therefore, it is the intent of the Legislature in enacting this act to protect the rights of all
Californians, regardless of their housing status, and to ameliorate the adverse effects of homelessness on
people who have no home and on our communities.
(m) It is the intent of the Legislature to enact legislation that would require all state agencies to use the same
definition for "homeless persons or people"as follows:
(1) "Homeless" means those individuals or families who lack or are perceived to lack a fixed, regular, and
adequate nighttime residence, or who have a primary nighttime residence in a shelter, on the street, in a
vehicle, in an enclosure or structure that is not authorized or fit for human habitation.
(2) "Homeless" also means a person whose only residence is a residential hotel or who is residing anywhere
without tenancy rights, and families with children staying in a residential hotel whether or not they have
tenancy rights.
(n) It is the intent of the Legislature that publicly funded social and health care services be offered in a
sufficient quantity to meet the population's needs, without barriers, including geographical barriers, such as
making locations inconvenient or creating screen -out barriers, or prohibiting access due to a person's inability
to provide identification or criminal justice history, or disability, in order that persons are reasonably able to
reach and use that service.
SEC. 3.(a)It is the intent of the Legialat::.c t cr,a t logIalation that would, cxccFic vdIcn dfncr,,', ndc perfflitted
by federal law, ensure that everyone in thc state has tk✓; isht la all of the following
(1)Acc___ t_ inco ._ =u"'._'._nt for =u-vival, ra4a kss of employment status or criminal justice background,
including, sit mk. Ixn;tcd to, thc right to receive a through public welfara pc.--4-ram:::, private donations,
ir. pcv:ic spaces.
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Bill Text - AB-5 Homelessness. Page 4 of 10
(2)Safc, decert, Fs-rman i hl lc tc frcc from further
(3)Access to clean and safc facilities 24 hsk•rs a .iy,
rcoct to safcty including, but not lit ita3 tc, shelters and drop in ccntcrs that meal :,aais fv..:st-197
t.aal, Yra►
rh► c ;.rrteeted
by the federal Health Incarar.x f\'rtability and Accountability Act of 1006 (Public Law 104 101).
(1)As a child enrolled in a publicly fundcd school, bc provided by his or hcr school with thc supplies ncccssary
..I is, vril5, pens and
(5)Noncmcrgcncy health aer411 crld acce:r to mcdical facilities Yh:Y ;i-cvide quality care for both physical and
mcntal needs.
(6)Acccss to cmcrgcncy services, including, but not limited to, cmcrgcncy rooms at horrilala, akelters-drep--i i
ccntcrs, rchabilitation ccntcrs, Axn, c wl slx.,aial t..�vo
duel ar;;;ntation, gcndcr
identity, mcntal or physical disability, income Icvcl, hou.rin -status, citizenship,-er imm;9retif status.
(b)It is thc intent of thc Lcgi3l`a' ` enact legislation that would require all :L c s,crriae-tc the
definition for "homcicss persons or pcoplc" as follows: "Homeless" means thosc individuals or families who lack
a fixed, who have primary nighttime re.,irlcncc in a Jl,cllcr, on L6c
strv,.:, ir. c va`rielc, • fa substandard
ilia:., .11. staying in housing
programs. "Homclev" alas maims any person residing anywhere without tenancy rights, arr' farraties-with
r rr n t that• hiia lvnaftey--rights.
(c)It is the intent of t,-. Ssgielaturc that publicly fundcd social and health care services bc offered in a sufficient
quantity to mcct thc population's nccds, without Lar-era, ir,tiding geographical barricrs, such as making
locations inconvenient or green out barricrs, or prohibiting access due to a person's inability to
rr s'i2, ili7;, in ordcr that persons arc reasonably able to rcoch
a - RA we that service.
SEEC. 4.SEC. 3. Part 2.2 (commencing with Section 53.1) is added to Division 1 of the Civil Code, to read:
PART 2.2. Homeless Persons
53.1. For purposes of this part, the following definitions shall apply:
(a)"Access," as applicd to an existing facility, service, or public apsoa aasi the ability and permission to cntcr
arts Auk': `iV c` thc facility, service, or pub.i:. spaaa, 3therwi.x,, "%vac" means thc offering or availability of a
facility or service.
(a) "BID" means a business improvement district, as established under Chapter 2 (commencing with Section
36520) of Part 6 of Division 18 of, or Chapter 2 (commencing with Section 36620) of Part 7 of Division 18 of,
the Streets and Highways Code, or any public -private partnership established under any municipal or county
law authorized under Chapter 1 (commencing with Section 36500) of Part 6 of Division 18 of, or Chapter 1
(commencing with Section 36600) of Part 7 of Division 18 of, the Streets and Highways Code, whether or not
the phrase "business improvement district" is part of the public -private partnership's name.
(b) "BID agent" means any person hired by a BID or any other public pri•i-51 .r+icrship sir,Mar ` a Iuaincss
improvement district.
s, b►Y is not limited to, losses.
(c) "Harassment" means-any--behavilr that is vr.art is : mida`c et4eF p o'c ndivi ual to a ter
his or hcr behavior, whether or not otherwise lawful. a knowing and willful course of conduct by law
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enforcement, public or private security personnel, or a BID agent directed at a specific person that a reasonable
person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing a
person.
(#)
(d) "Homeless persons" or "homeless people" means those individuals or families_laeking who lack or are
perceived to lack a fixed, regular, and adequate nighttime residence, or -having who have a primary nighttime
residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for
human
in transitional housing programs or habitation. "Homeless" also means a person whose only residence is a
residential hotel or who is residing anywhere without tenancy rights, and families with children staying in a
residential hotel whether or not they have tenancy rights.
(g)"Housing status" means tha :luaus of having it :i% .".wing a fixed or regular rcsidcncc, including thc status
of living cstda;r^, in a vchicic, x fa a homeless shear, cr akvilar temporary rcsidcncc or elsewhere in the
public domain.
permanent mailing address" means thc absence of an address fixcd to a permanent home, and may
include, but is not limited to, post office boxes, addresses of friends or family mcmbcrs, and shelter addresses.
(i)"Lawful representative" means any person who has been asked to advocate on behalf of a person or any class
ta4ei OK -ran ilcntifics with, including, but not limited `, c I ...
organization 0,at advocates on behalf of homeless persons, or a prosecatin; pon chc :.quest of a
homeless person.
(j)"Los,ec" ri.:,avc, but is not limited to, any dcprivatian of 3:it.:titutionally held rights as well as thc Ios., of
(k)"Low income" is dcf;na ci inaa at or lower than twicc thc federal poverty level as cstabliahsd di ate
poverty guidelines updated periodically in thc Federal Regiitai Lk: Unitcd State, Gcpouln,»} "" and'
I luman Services undcr thc authority of Section 9902(2) of Titl 12 thc United States Codc.
(I)"Public scrviz" rmari art; : ^talc, arty
any financial assistance from thc state or any local government.
(e) "Public space" means any space property that is-predominantly-•welhi.:: th, domain or owned by any
state or local government entity or upon which there is an easement for public use and that is held open to the
public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation, public
buildings and parks. "Public space" may alas rcfe o oi. lava Yt ^Y rizci c _' ".`_`. _ '.ccc `_h c h P•_
sic ps\'ata pafncrships. does not include a private business establishment.
(-n)
(f) "Rest" means the state of not moving, holding certain postures that include, but are not limited to, sitting,
standing, leaning, kneeling, squatting, sleeping, or Tying.
(e)
(g) "Soliciting donations" means asking for food, water, or money, which includes panhandling.
53.2. (a) The existence of homelessness requires that fundamental rights that are amply protected in the home
and in private places be extended to the public domain to ensure the equal rights of all Californians, homeless
and housed. Every homeless person in the state, ityardlcss of actual or perceived housing status, low income,
sexual orientation, genies k1:rliaf, ie cnship, or immigration status, state shall have the right to all of the
following basic human rights and legal and civil protections, except when prohibited by federal law:
(1) The right to move freely in the same manner as any other person in public spaces, including, but not limited
to, plazas, parking lots, public sidewalks, public parka, p•illic public buildings,
in thc same manner as any othcr pa gar, and wilt"cA Iiaarii ion spaces without being subject to criminal or
civil sanctions, harassment or arrest by law enforcement, public or private security personnel, or BID agents
because he or she is homeless.
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Bill Text - AB-5 Homelessness. Page 6 of 10
(2) The right to rest and sleep in a public spaces space in the same manner as any other person without being
subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security
personnel, or BID agents because he or she is homeless, as long as-st+eh that rest does not maliciously or
substantially obstruct a passageway.
(3)The right to sct down sr Iscva ■t-rect Fcr.Ntal pi -apart/ ir.
cis% harasarr3nt, Direst by hart ricrccment, public or private security personnel, or BID agents,
rat alic tr1 c
f Ykc ri;I't :c rasp3rty. This includes thc right to
confiscated, removal, iana,c ;i✓t✓aril, 3r-BID
f ikiz Pp,.,..F:: or -.ex oYh r prc% -liensef-property Irsvidarn Amer
(-43
(3) The right to eat, share, accept, or give food or water in public spaces in the same manner as any other
person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or
private security personnel, or BID agents because he or she is homeless.
(4) The right to solicit donations in public spaces in the same manner as any other person without being subject
to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or
BID agents because he or she is homeless.
(5) The right to the same protections that law enforcement agencies afford to thc general public any other
person, including, but not limited to, the right to reasonable protection from assault, domestic violence, sexual
assault, or robberies.
(6) The right to-s z o , sit, lic iarrr, nevi, sat chars f✓.r ir. c F►,tlia plass •r in a vehicle
rest in a public place space, without being subject to criminal or civil sanctions, harassment, or arrest by law
enforcement, public or private security personnel, or BID agents, except that law enforcement may enforce
existing local laws if all of the following are true: (1) the person's county of residence maintains 12 months per
year of nonmedical assistance provided for in Section 17000 of the Welfare and Institutions Code for
employable, able-bodied adults without dependents who are compliant with program rules established by the
county, including work requirements; (2) the locality is not a geographical area identified by the United States
Department of Labor in accordance with Subpart A of Part 654 of Section 20 of the Code of Federal Regulations
as an area of concentrated unemployment or underemployment or an area of labor surplus; and (3) the public
housing waiting list maintained by the county contains fewer than 50 persons.
(7) The right t engage in lawful self-employment in the same manner as any other person,
including, but not limited to, the right to seek self-employment in junk removal and recycling that requires the
collection, possession, redemption, and storage of goods for reuse and recycling, without being subject to
criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or
BID agents because he or she is homeless.
(8) The right to pray, meditate, or practice religion in public spaces in the same manner as any other person,
without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private
security personnel, or BID agents because he or she is homeless.
(9) The right to decline admittance to a public or private shelter or any other accommodation, including social
services programs, for any reason he or she sees fit, withoutbeing subject to criminal or civil sanctions,
harassment, or an z/,, threats of thcsc actions, arrest from law enforcement, public or private security
personnel, or BID agents.
(10) The right to occupy a motor vehicle, as defined in Section 415 of the Vehicle Code, or recreational vehicle,
as defined in Section 18010 of the Health and Safety Code, either to rest, sleep, or use for the purposes of
shelter, provided that the vehicle is legally parked on public property, without facing being subject to criminal or
civil sanctions, harassment, or arrest, or throats of thcsc actions, arrest from law enforcement, public or private
security personnel, or BID agents.
( )If tPc person it a stile tr youth, thc right to state cnforccmcnt of thc Y,
federal McKinney Vento Act (42 U.S.C. Sec. 11432), particularly with regard to Sections 11432(c)(3)(C)(ii)(I)
aAt11J2(
assistance tt Yhi parent or guardian of each homeless child or youth (cr, ix tr3 JX,3 cf vr. av,sca.mipari.act
youth, thc to axarai;c thc right to attend thc pr -cnt's sr
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Bill Text - AB-5 Homelessness.
Page 7 of 10
'cr,il ■yb/ the parent
sr y'ird :n (or youkk..), to prov-idc
{12)
(11) The right to be protected from disclosure confidentiality of his or her records and information-€rerri by
homeless shelters, medical centers, schools, or any other publicly funded human service provider to law
enforcement agencies-vrhi�Y appropriate legal authority, and the right to confidentiality of personal records
and infor,.fai;or, ;n -.vi* all limitations on disclwurc caiablished by thc federal Homeless
Managcmcnt Information Systems, thc federal Health IIvs:,er.�c f\rtability and Accountability Act of 1006
(Public Law 104 101), and the federal Violence Against Women Act (Public Law 103 322), employers, or
landlords, except that the records or information may be disclosed if the disclosure is based on appropriate legal
authority. Disclosure of an individual's records or information shall not be allowed unless the individual received
oral and written notice of the legal authority to disclose this information and the individual's right to opt out of
having the records or information disclosed.
(13)The right to confidentiality of personal rccords regarding housing status, income level, mental illne t ,
physical disability, sexual orientation, gender identity, citizcnat-4, cr :,...nigrct status, and to protection from
disclosure of thc information and rccords to landlords and employers.
(14)
(12) (A) If -The right to assistance of counsel, if a county chooses to initiate judicial proceedings subject to
Section 40508 of the Vehicle Codc, erection 853.6, 853.7, or 853.8 of thc Penal Code, or any similar law
authorizing arrest for failure to appear or pay bail of thc amount liaVcd cn Yhi xi.- to appear, the defendant
.,hall be guaranteed the right to assistance of counsel under any law set forth in Section 53.5. The accused shall
be advised of this right to counsel before entering a plea, and any waiver of this right shall be explicit. If the
district attorney's office or its agent is representing the state in any part of an infraction proceeding, the
accused shall have the right to assistance of counsel with regard to that infraction.
(B) The county where the citation was issued shall pay the cost of providing counsel under this-seetien
paragraph.
(C)A county shall not use penalties undcr Section 1211.1 of tha Pam! :x- any other civil assessment
scheme in the prosecution of municipal it/rracl on unless thc defendant was thc driver of a vehicle.
(15)The right to assistance of counsel in any civil or criminal procee. & 1744 result in commitment to a
public health institution.
enforcement agency, or deported, without guarantees necessary for his or her timely defense.
(C) This scction paragraph shall not be construed to eliminate any protection or right to representation available
under Sections 5365 and 6500 of the Welfare and Institutions Code or any other provision of law.
53.3. (a) A public employee shall not be retaliated against by his or her employer, for offering available public
resources to a homeless person in order to protect that person from harm, including, but not limited to,-€ef
offering or providing food, blankets, first -aid supplies, or water.
(b) Any person or organizationer offering food or water in a public spaces space to any homeless person
pursuant to this part shall not be subject to criminal or civil sanctions, arrest, or harassment by law
enforcement, public or private security personnel, or BID agents.
53.4. (a) Every local government and disadvantaged unincorporated community within the state shall have
sufficient health and hygiene centers available 24 hours a day, seven days a week, for use by homeless people.
These facilities may be part of the Neighborhood Health Center Program.
(b) For purposes of subdivision (a), the health and hygiene centers shall be funded by the State Department of
Public Health through those county agencies that oversee public health programs, and, at a minimum, shall
contain public bathroom and shower facilities.
(c) The State Department of Public Health shall distribute public bulletins and notices identifying the facilities to
be used as health and hygiene centers.
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Bill Text - AB-5 Homelessness. Page 8 of 10
(d) For purposes of this section, "disadvantaged unincorporated community" mcans a fringe, cr lagay°
in mhiah the has\ahclr i come iS 80 p'✓Ia✓ri. la--
ineefne shall be defined as in Section 65302.10 of the Government Code.
53.5. (a) To ensure equitable and cost-effective enforcement of the Homeless Person's Bill of Rights and Fairness
Act (Ch. , Stats. 2013), every local law enforcement agency shall annually compile and review the number
of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:
(1) Obstructing a sidewalk, whether by a person or personal property.
(2) Loitering.
(3) Sitting.
(4) Lying down.
(5) Camping.
(6) Public lodging, including the prohibition specified in subdivision (e) of Section 647 of the Penal Code.
(7) Sleeping in a public place.
(8) Soliciting donations.
(9) Soliciting donations at certain restricted locations, including citing people for panhandling under Section
22520.5 of the Vehicle Code.
(10) Bathing in public places.
(11) Sharing or receiving food.
(12) Inhabiting or sleeping in a vehicle.
(13) Violating public park closure laws.
(14) Crossing streets or highways at particular locations, including subdivisions (c) and (d) of Section 21451 of,
subdivision (d) of Section 21453 of, subdivision (b) of Section 21456 of, Section 21461.5 of, subdivision (b) of
Section 21950 of, Section 21954 of, Section 21955 of, and subdivision (a) of Section 21956 of, the Vehicle
Code.
(15) Trespassing, unless the trespassing charge is coupled with any misdemeanor or felony, except those
misdemeanors that are included in Section 372 of, and subdivisions (h) to (j), inclusive, and subdivisions (I) and
(m), of Section 602 of, the Penal Code.
(16) Failing to appear, pay a fine, post bail, or comply with a condition of a court order, as described in Section
40508 of the Vehicle Code or Section 853.6, 853.7, or 853.8 of the Penal Code.
(16)
(17) Any other local or state law enforced against homeless persons and identified by the Attorney General's
office, or a city attorney's-effcaa,
research about, or advocate for, poor orid ::_"'cle office.
(b) A local law enforcement agency shall make this information publicly available under the terms set forth in
the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(c) A local law enforcement agency shall report the information specified in this section to the Attorney
General's office on an annual basis.
53.6. (a) Any person whose rights have been violated under this part may enforce those rights -are! KC e'r she, or
is ili IA evif
the cc✓c ai a matter of right. The court shall a: t p: xilp;'r; far r. ia` snA t>4is-part in a civil
action.
(b) ar. of part. may be braught agair:1 aay--pew-, :Ally, public cntity, or
public employee. The court may award appropriate injunctive and declaratory
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Bill Text - AB-5 Homelessness. Page 9 of 10
relief, restitution for loss of property or personal effects and belongings, actual damages, compensatory
damages,-genc l rrs,c_, _pccial damage_, exemplary damages, statutory damages of one thousand dollars
($1,000) per violation, if applicablc, and reasonable attorneys' fees and costs to a prevailing plaintiff.
SEC-6.SEC. 4. Section 11135 of the Government Code is amended to read:
11135. (a) No person in the State of California shall, on the basis of race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, housing status, genetic information, or disability, be
unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under,
any program or activity that is conducted, operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000,
this section applies to the California State University.
(b) With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a)
shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities
subject to subdivision (a) shall be subject to the stronger protections and prohibitions.
(c) (1) As used in this section, "disability" means any mental or physical disability, as defined in Section 12926.
(2) The Legislature finds and declares that the amendments made to this act are declarative of existing law.
The Legislature further finds and declares that in enacting Senate Bill 105 of the 2001-02 Regular Session
(Chapter 1102 of the Statutes of 2002), it was the intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a), (b), and (c) already applied to the
California State University, notwithstanding Section 11000. In clarifying that the California State University is
subject to paragraph (2) of subdivision (d), it is not the intention of the Legislature to increase the cost of
developing or procuring electronic and information technology. The California State University shall, however, in
determining the cost of developing or procuring electronic or information technology, consider whether
technology that meets the standards applicable pursuant to paragraph (2) of subdivision (d) will reduce the
long-term cost incurred by the California State University in providing access or accommodations to future
users of this technology who are persons with disabilities, as required by existing law, including this section,
Title II of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(d) (1) The Legislature finds and declares that the ability to utilize electronic or information technology is often
an essential function for successful employment in the current work world.
(2) In order to improve accessibility of existing technology, and therefore increase the successful employment
of individuals with disabilities, particularly blind and visually impaired and deaf and hard -of -hearing persons,
state governmental entities, in developing, procuring, maintaining, or usingelectronic or information
technology, either indirectly or through the use of state funds by other entities, shall comply with the
accessibility requirements of Section 508 of the federal Rehabilitation Act of 1973, as amended (29 U.S.C. Sec.
794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Federal Code of
Regulations.
(3) Any entity that contracts with a state or local entity subject to this section for the provision of electronic or
information technology or for the provision of related services shall agree to respond to, and resolve any
complaint regarding accessibility of its products or services that is brought to the attention of the entity.
(e) As used in this section, "sex" and "sexual orientation" have the same meanings as those terms are defined
in subdivisions (q) and (r) of Section 12926.
(f) As used in this section, "race, national origin, ethnic group identification, religion, age, sex, sexual
orientation, color, or disability" includes a perception that a person has any of those characteristics or that the
person is associated with a person who has, or is perceived to have, any of those characteristics.
(g) As used in this section, "genetic information" has the same definition as in paragraph (2) of subdivision (e)
of Section 51 of the Civil Code.
(h) For purposes of this section section, "housing status" haT,� the om: m.,cairg a:3 that tcrm in means status as
a "homeless person" as defined in subdivision (g) of Section 53.1 of the Civil Code.
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