Amendment ID: S2800-10

Amendment 10

Promoting racial justice by decriminalizing homelessness

Ms. Rausch, Messrs. Eldridge and Velis and Ms. Gobi move to amend the bill by inserting after Section 73 the following new sections:- 

SECTION XX: Chapter 214 of the General Laws is hereby amended by inserting after section 1(C) the following section:- 

Section 1(D). (a) A person experiencing homelessness shall have the right to be free from discrimination on the basis of housing status. 

(b) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: 

“Housing status” means a person’s current ability to access a fixed, regular nighttime residence as defined in section 16W of chapter 6A. 

“Park” shall include a city or town common dedicated to the use of the public, or appropriated to such use without interruption for a period of 20 years as defined in section 1 of chapter 45. 

“Persons experiencing homelessness” means persons who lack, or are perceived to lack, a fixed, regular nighttime residence as defined in section 16W of chapter 6A. Persons experiencing homelessness includes, but are not limited to, persons who: (1) share the housing of other persons due to loss of housing, economic hardship or a similar reason; (2) live in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate nighttime residence; (3) live in emergency or transitional shelters; (4) are abandoned in hospitals; (5) are awaiting foster care placement; (6) have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; (7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar settings; (8) are transient and otherwise experiencing homelessness as described in this subsection; or (9) meet the definition of homeless provided in section 11302(a) of Title 42 of the United States Code.

“Public space” means any real property that is owned, in whole or in part, by the Commonwealth or any municipality, or upon which there is an easement for public use, and is held open to the public. Public space includes but is not limited to plazas, courtyards, parking lots, sidewalks, public transportation facilities and services, public buildings, and parks. Public space does not include a private business establishment. 

“Recreational vehicle” has the meaning given that term in section 20 of chapter 90B. 

“Rest” means the state of sleeping or not moving or the state of holding certain postures that include but are not limited to sitting, standing, leaning, kneeling, squatting or lying on the ground or other surface. 

“Town” shall not include city as defined in section 1 of chapter 45. 

(c) Persons experiencing homelessness shall have the right to: 

(i) use public spaces in the same manner as any other person without discrimination based on their housing status; 

(ii) equal treatment by all state and municipal agencies, without discrimination on the basis of housing status; 

(iii) a reasonable expectation of privacy in personal property in public spaces; 

(iv) interact with public officials, employees, and officers without harassment on the basis of their housing status; 

(v) rest in public spaces and seek protection from adverse weather or an imminent public health emergency in a manner that does not obstruct human or vehicle traffic and is without discrimination based on their housing status; 

(vi) eat, share, accept, or give food in any public space in which having food is not prohibited; 

(vii) vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination on the basis of housing status; 

(viii) pray, meditate, worship, or practice religion in public spaces without discrimination based on housing status in a manner that does not obstruct human or vehicle traffic; and

(ix) occupy a motor vehicle or a recreational vehicle, provided that the vehicle is legally parked on public property or on private property with the express permission of the private property owner. 

(d) The provisions of this section pertaining to public spaces shall not apply if the public space is closed to the general public or requires a fee for entry. When practicable, public officials, employees, or officers shall clearly designate and provide an appropriate alternative place for persons experiencing homelessness to rest without time limitations in the near vicinity. 

(e) It shall be an affirmative defense to a civil claim or criminal charge related to use of public spaces that a person experiencing homelessness was exercising any right set forth in this section. 

(f) The superior court shall have jurisdiction in equity to enforce any right set forth in this section and award damages in connection with any violation thereof. 

SECTION XX. Section 1 of chapter 51 of the General Laws is hereby amended by inserting after the last sentence the following sentence:- 

Lack of a fixed, permanent residence for a person experiencing homelessness shall not prohibit voter registration. 

SECTION XX. Sections 63 through 69, inclusive, of chapter 272 of the General Laws are hereby repealed. 

SECTION XX. Section 92A of chapter 272 of the General Laws is hereby amended by inserting after the word “nationality”, in line 9, the following words:- “, housing status”. 

SECTION XX. Section 98 of said chapter 272, as so appearing, is hereby amended by inserting after the word “origin”, in line 3, the following words:- “, housing status”.