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REFERENCE TITLE: homelessness rights; criminal liability |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2568 |
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Introduced by Representatives Salman: Aguilar, Austin, Bravo, Cano, Contreras L, De Los Santos, Gutierrez, Hernandez A, Hernandez C, Hernandez L, Hernandez M, Longdon, Mathis, Ortiz, Pawlik, Quiñonez, Sandoval, Seaman, Stahl Hamilton, Sun, Travers, Tsosie, Senators Alston, Diaz, Epstein, Fernandez, Gabaldón, Hernandez, Mendez, Miranda, Terán
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An Act
amending title 1, Arizona Revised Statutes, by adding chapter 9; amending title 13, chapter 2, Arizona Revised Statutes, by adding section 13-207; relating to homeless persons.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 1, Arizona Revised Statutes, is amended by adding chapter 9, to read:
CHAPTER 9
HOMELESSNESS RIGHTS
ARTICLE 1. HOMELESS PERSONS' BILL OF RIGHTS
1-901. Homeless persons' bill of rights; attorney fees and costs
A. A person's rights, privileges or access to public services may not be denied or abridged solely because the person is homeless. A homeless person has the same rights and privileges as any other resident of this state. A person experiencing homelessness:
1. Has the right to use and move freely in public spaces, including, public sidewalks, public parks, public transportation and public buildings in the same manner as any other person and without discrimination on the basis of the person's housing status.
2. Has the right to equal treatment by all state and municipal agencies without discrimination on the basis of housing status.
3. Has the right not to face discrimination while seeking or maintaining employment due to the person's lack of permanent mailing address or the person's mailing address being that of a shelter or social service provider.
4. Has the right to emergency medical care that is free from discrimination based on the person's housing status.
5. Has the right to vote, register to vote and receive documentation that is necessary to prove identity for voting without discrimination due to the person's housing status.
6. Has the right to both of the following:
(a) protection from the person's records and information that is provided to homeless shelters and service providers from being disclosed to state, municipal and private entities without appropriate legal authority.
(b) confidentiality of personal records and information in accordance with all limitations on disclosure that are established by the federal homeless management information systems, the federal health insurance portability and accountability act and the federal violence against women act.
7. Has the right to a reasonable expectation of privacy in the person's personal property to the same extent as personal property in a permanent residence.
8. Has the right to enter a homeless shelter while possessing a service animal as defined in the Americans with disability act as defined in section 41-1492.
B. In any civil action that alleges a violation of this section, the court may award appropriate injunctive and declaratory relief, actual damages and reasonable attorney fees and costs to a prevailing plaintiff.
Sec. 2. Title 13, chapter 2, Arizona Revised Statutes, is amended by adding section 13-207, to read:
13-207. Criminal liability for sitting, sleeping or lying outside on public property while homeless
Notwithstanding any other law, a person is not criminally liable and may not be charged with or convicted of an offense that prohibits the person from sitting, lying or sleeping in or on public property if, at the time of the act, both of the following apply:
1. the person is homeless.
2. there is no space available for the person to sleep in a homeless shelter.