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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
homeless encampment; crime enforcement
Purpose
Requires a municipality to only allow the existence of a homeless encampment if there are no other options for indoor shelter in the municipality. Prohibits the existence of homeless encampments if other options for indoor shelter exist in a municipality and requires the removal of a homeless encampment in a municipality if other indoor shelter options exist.
Background
A county board of supervisors may prescribe punishment by fine or imprisonment, or both, for the violation of an ordinance in the conduct of county business, duties, responsibilities and functions. A fine or imprisonment shall not exceed the maximum limitations for a class 1 misdemeanor. (A.R.S. § 11-251.05).
A city or town that classifies ordinance violations as civil offenses must establish procedures to hear and determine these violations that may include: 1) filing of a complaint before a hearing officer; 2) timely notice of the citation to the violator; 3) procedures for the hearing, record on appeal, default by a defendant and rules of evidence that generally comply with those for civil traffic offenses; 4) imposition of a civil penalty; 5) filing a criminal charge if the violator does not comply with a civil enforcement action; or 6) judicial review of the final decisions of the hearing officer (A.R.S. § 9-500.21).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a municipality or county to only allow the existence of a homeless encampment if there are no other options for indoor shelter in the municipality.
2. Prohibits the existence of homeless encampments if other options for indoor shelter exist in a municipality or county.
3. Requires the removal of a homeless encampment in a municipality or county if other indoor shelter options exist.
4. Requires a municipal or county law enforcement agency to arrest and prosecute persons living in a homeless encampment who are engaging in criminal activity.
5. Defines homeless encampment as one or more tents, structures or assemblies of camping equipment or other structures where one or more persons are knowingly, intelligently and regularly using the area as an indefinite place of domicile or residence.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2024
ZD/KK/cs