Amended in Assembly April 30, 2013

Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 5


Introduced by Assembly Member Ammiano

December 3, 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 isbegin delete homeless, has a low income, or suffers from a mental illness or physical disabilityend deletebegin insert homelessend insert.begin delete The bill would provide that every person in the state, regardless of actual or perceived housing status, low income, sexual orientation, gender identity, citizenship, or immigration status, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, and while seeking services.end delete The bill would provide that everybegin insert homelessend insert person has the rightbegin insert, among others,end insert tobegin delete access public property, possess personal property, access public restrooms, clean water, educational suppliesend deletebegin insert 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-employmentend insert, as specified,begin delete emergency and nonemergency health care,end delete confidentiality ofbegin delete medicalend deletebegin insert specifiedend insert records, assistance of legal counsel in specified proceedings, and restitution, under specified circumstances.begin insert 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.end insert The bill would provide immunity from employerbegin delete retaliation,end deletebegin insert retaliationend insert to a public employee who providesbegin insert specifiedend insert 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 imposing a state-mandated local program. The bill would provide for judicial 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 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 bill 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 would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known and may be cited as the
2Homeless Person’s Bill of Rights and Fairness Act.

P3    1

SEC. 2.  

The Legislature finds and declares all of the following:

2(a) In the State of California, there has been a long history of
3discriminatory laws and ordinances that have disproportionately
4affected people with low incomes and who are without homes,
5including, but not limited to, all of the following:

6(1) Jim Crow laws: After the Civil War, many states, especially
7in the south, passed laws denying African Americans basic human
8rights. In California, these laws also targeted Chinese immigrants.
9In San Francisco, Chinese residents were forced to live in one area
10of the city. The same segregation laws also prohibited interracial
11marriage between Chinese and non-Chinese persons.

12(2) Ugly laws: In 1867, San Francisco was the first city in the
13country to pass a law making it illegal for people with “unsightly
14or disgusting” disabilities to appear in public. In many cities, these
15laws persisted until the 1970s.

16(3) Anti-Okie laws: In 1937, California passed an Anti-Okie
17law that criminalized “bringing or assisting in bringing” extremely
18poor people into the state. The United States Supreme Court struck
19down the law in 1941, when it declared that these laws are in
20violation of the commerce clause, and therefore unconstitutional.

21(4) Sundown town ordinances: Town policies and real estate
22covenants were aimed at preventing minorities, homeless persons,
23and other persons considered to be socially undesirable from
24remaining within city limits after sunset. Thousands of these towns
25existed prior to the federal Civil Rights Act of 1968, which made
26these ordinances and covenants illegal.

27(5) Vagrancy laws: Vagrancy laws have been held to be
28discriminatory on their face because they criminalize a person’s
29status rather than a behavior. Nevertheless, these laws existed in
30California until the Legislature revised them in 1961.

31(b) Act of living ordinances, often known as “quality of life
32ordinances” and other similar ordinances, are the modern
33reincarnations of laws of this kind. They are designed to force
34homeless people to flee local jurisdictions. These local ordinances
35result in de facto segregation as homeless people are forced out of
36specific jurisdictions or out of specific neighborhoods within
37jurisdictions. These practices tend to condemn large groups of
38inhabitants to dwell in segregated districts or under depressed
39living conditions that result in crowded, unsanitary, substandard,
40and unhealthful accommodations. Furthermore, these policies
P4    1result in criminalization of homeless persons who do not choose,
2or are unable, to migrate.

3(c) Today, in the state, many people are denied the following:

4(1) Housing due to their status of being homeless, living in a
5shelter, a vehicle, the street, or the public domain.

6(2) Employment due to their current status of being homeless
7or living in a shelter or a vehicle on the street.

8(3) Housing and employment as a result of not having a fixed
9or residential mailing address or having a post office box as a
10mailing address.

11(4) Equal protection of the laws and due process by law
12enforcement and prosecuting agencies.

13(5) The ability to make certain purchases or enter certain contests
14as a result of not having a fixed or residential mailing address or
15having a post office box as a mailing address.

16(6) Access to safe, clean restrooms, water, and hygienic supplies
17necessary to maintain health, safety, and dignity, especially with
18the proliferation of closures of public restrooms.

19(d) Homeless persons are unfairly targeted by law enforcement,
20often resulting in the violation of homeless persons’ constitutional
21rights. Lacking the resources necessary to obtain adequate legal
22representation, homeless persons are often denied relief or damages
23through the courts.

24(e) Homeless persons rarely have access to shelters, and when
25shelter is available, its conditions can be so poor as to jeopardize
26their health and physical and mental safety.

27(f) Homeless persons are often forced to separate from loved
28ones, give up their personal property, abandon pets, and make
29other inhumane choices in order to access even minimal shelter.

30(g) Lesbian, gay, bisexual, transgender, gender nonconforming,
31and queer individuals often are forced to accept inappropriate or
32unsafe accommodations to access publicly funded emergency
33shelters.

34(h) Children in homeless families are denied the ability to
35continue receiving education in their preferred school if their
36family’s shelter lies outside the boundaries of their former district.

37(i) At the present time, many persons have been rendered
38homeless as a result of a deep and prolonged economic recession,
39a severe shortage of safe and affordable housing, a failed mental
40health system, and a shrinking social safety net.

P5    1(j) Section 1 of Article I of the California Constitution provides
2that
“[a]ll people are by nature free and independent and have
3inalienable rights. Among these are enjoying and defending life
4and liberty, acquiring, possessing, and protecting property, and
5pursuing and obtaining safety, happiness, and privacy.”

6(k) Subdivision (a) of Section 7 of Article I of the California
7Constitution provides, in part, that “[a] person may not be deprived
8of life, liberty, or property without due process of law or denied
9equal protection of the laws... .”

10(l) Concordant with this fundamental belief, a person should
11not be subject to discrimination based on his or her housing status,
12income level, mental or physical disability, sexual orientation,
13gender identity, citizenship, or immigration status. Therefore, it is
14the intent of the Legislature in enacting this act to protect the rights
15of all Californians, regardless of their housing status, and to
16ameliorate the adverse effects of homelessness onbegin insert people who have
17no home and onend insert
our communities.

begin insert

18(m) It is the intent of the Legislature to enact legislation that
19would require all state agencies to use the same definition for
20“homeless persons or people” as follows:

end insert
begin insert

21(1) “Homeless” means those individuals or families who lack
22or are perceived to lack a fixed, regular, and adequate nighttime
23residence, or who have a primary nighttime residence in a shelter,
24on the street, in a vehicle, in an enclosure or structure that is not
25authorized or fit for human habitation.

end insert
begin insert

26(2) “Homeless” also means a person whose only residence is
27a residential hotel or who is residing anywhere without tenancy
28rights, and families with children staying in a residential hotel
29whether or not they have tenancy rights.

end insert
begin insert

30(n) It is the intent of the Legislature that publicly funded social
31and health care services be offered in a sufficient quantity to meet
32the population’s needs, without barriers, including geographical
33barriers, such as making locations inconvenient or creating
34screen-out barriers, or prohibiting access due to a person’s
35inability to provide identification or criminal justice history, or
36disability, in order that persons are reasonably able to reach and
37use that service.

end insert
begin delete
38

SEC. 3.  

(a) It is the intent of the Legislature to enact legislation
39that would, except when otherwise not permitted by federal law,
P6    1ensure that everyone in the state has the right to all of the
2following:

3(1) Access to income sufficient for survival, regardless of
4employment status or criminal justice background, including, but
5not limited to, the right to receive funds through public welfare
6programs, private donations, collecting recyclable goods, or
7soliciting donations in public spaces.

8(2) Safe, decent, permanent, and affordable housing, as soon as
9possible, and the right to be free from further dislocation, unless
10and until safe, decent, permanent, and affordable housing is
11available.

12(3) Access to clean and safe facilities 24 hours a day, seven
13days a week, with clearly identifiable staff able to react to safety
14concerns, including, but not limited to, shelters and drop-in centers
15that meet basic health, hygiene, and dignity needs, including any
16special needs of lesbian, gay, bisexual, or transgender individuals,
17youths, families, or those with mental illness or physical
18disabilities. This includes the right of all individuals to secure
19shelter without being required to state their gender or to share
20confidential health information protected by the federal Health
21Insurance Portability and Accountability Act of 1996 (Public Law
22104-191).

23(4) As a child enrolled in a publicly funded school, be provided
24by his or her school with the supplies necessary to promote
25academic success, including, but not limited to, backpacks,
26textbooks, notebooks, pencils, pens, and appropriate academic
27technology.

28(5) Nonemergency health care and access to medical facilities
29that provide quality care for both physical and mental needs.

30(6) Access to emergency services, including, but not limited to,
31emergency rooms at hospitals, shelters, drop-in centers,
32rehabilitation centers, education, and special training, without the
33possibility of being denied based on race, color, sex, language,
34religion, political or other opinion, national or social origin, sexual
35orientation, gender identity, mental or physical disability, income
36level, housing status, citizenship, or immigration status.

37(b) It is the intent of the Legislature to enact legislation that
38would require all state agencies to use the same definition for
39“homeless persons or people” as follows: “Homeless” means those
40individuals or families who lack a fixed, regular, and adequate
P7    1nighttime residence or who have primary nighttime residence in
2a shelter, on the street, in a vehicle, in an enclosure or structure
3that is not authorized or fit for human habitation, substandard
4apartments, dwellings, doubled up temporarily with friends or
5families, or staying in transitional housing programs. “Homeless”
6also means any person residing anywhere without tenancy rights,
7and families with children staying in a residential hotel whether
8or not they have tenancy rights.

9(c) It is the intent of the Legislature that publicly funded social
10and health care services be offered in a sufficient quantity to meet
11the population’s needs, without barriers, including geographical
12barriers, such as making locations inconvenient or creating
13screen-out barriers, or prohibiting access due to a person’s inability
14to provide identification or criminal justice history, or disability,
15in order that persons are reasonably able to reach and use that
16service.

end delete
17

begin deleteSEC. 4.end delete
18begin insertSEC. 3.end insert  

Part 2.2 (commencing with Section 53.1) is added to
19Division 1 of the Civil Code, to read:

20 

21PART 2.2.  Homeless Persons

22

 

23

53.1.  

For purposes of this part, the following definitions shall
24apply:

begin delete

25(a) “Access,” as applied to an existing facility, service, or public
26space means the ability and permission to enter and make use of
27the facility, service, or public space. Otherwise, “access” means
28the offering or availability of a facility or service.

end delete
begin delete

29(b)

end delete

30begin insert(a)end insert “BID” means a business improvement district, as established
31under Chapter 2 (commencing with Section 36520) of Part 6 of
32Division 18 of, or Chapter 2 (commencing with Section 36620)
33of Part 7 of Division 18 of, the Streets and Highways Code, or any
34public-private partnership established under any municipal or
35county law authorized under Chapter 1 (commencing with Section
3636500) of Part 6 of Division 18 of, or Chapter 1 (commencing
37with Section 36600) of Part 7 of Division 18 of, the Streets and
38Highways Code, whether or not the phrase “business improvement
39district” is part of the public-private partnership’s name.

begin delete

40(c)

end delete

P8    1begin insert(b)end insert “BID agent” means any person hired by a BIDbegin delete or any other
2public-private partnership similar to a business improvement
3districtend delete
.

begin delete

4(d) “Damages” means, but is not limited to, losses.

end delete
begin delete

5(e)

end delete

6begin insert(c)end insert “Harassment” means begin delete any behavior that is meant to intimidate
7or otherwise persuade an individual to alter his or her behavior,
8whether or not otherwise lawful.end delete
begin insert a knowing and willful course of
9conduct by law enforcement, public or private security personnel,
10or a BID agent directed at a specific person that a reasonable
11person would consider as seriously alarming, seriously annoying,
12seriously tormenting, or seriously terrorizing a person.end insert

begin delete

13(f)

end delete

14begin insert(d)end insert “Homeless persons” or “homeless people” means those
15individuals or familiesbegin delete lackingend deletebegin insert who lack or are perceived to lackend insert
16 a fixed, regular, and adequate nighttime residence, orbegin delete havingend deletebegin insert who
17haveend insert
a primary nighttime residence in a shelter, on the street, in a
18vehicle, in an enclosure or structure that is not authorized or fit for
19humanbegin delete habitation, in a substandard apartment, dwelling, staying
20temporarily with friends or families, or staying in transitional
21housing programs or end delete
begin insert habitation. “Homeless” also means a person
22whose only residence is a residential hotel or who is end insert
residing
23anywhere without tenancy rights, and families with children staying
24in a residential hotel whether or not they have tenancy rights.

begin delete

25(g) “Housing status” means the status of having or not having
26a fixed or regular residence, including the status of living outdoors,
27in a vehicle, or in a homeless shelter, or similar temporary
28residence or elsewhere in the public domain.

29(h) “Lack of permanent mailing address” means the absence of
30an address fixed to a permanent home, and may include, but is not
31limited to, post office boxes, addresses of friends or family
32members, and shelter addresses.

33(i) “Lawful representative” means any person who has been
34asked to advocate on behalf of a person or any class that a person
35identifies with, including, but not limited to, a homeless person’s
36 retained attorney, a nonprofit organization that advocates on behalf
37of homeless persons, or a prosecuting attorney upon the request
38of a homeless person.

P9    1(j) “Losses” means, but is not limited to, any deprivation of
2constitutionally held rights as well as the loss of property or
3physical and mental wellbeing.

4(k) “Low income” is defined as income at or lower than twice
5the federal poverty level as established by the poverty guidelines
6updated periodically in the Federal Register by the United States
7Department of Health and Human Services under the authority of
8Section 9902(2) of Title 42 of the United States Code.

9(l) “Public service” means any program or activity that is
10conducted, operated, or administered by the state, any state agency,
11or local government agency, is funded directly by the state or any
12local government, or received any financial assistance from the
13state or any local government.

14(m)

end delete

15begin insert(e)end insert “Public space” means anybegin delete spaceend deletebegin insert propertyend insert that is
16begin delete predominantly within the public domain orend deletebegin insert owned by any state or
17local government entity or upon which there is an easement for
18public use andend insert
that is held open to the public, including, but not
19limited to, plazas, courtyards, parking lots, sidewalks, public
20transportation, public buildings and parks. “Public space” begin delete may
21also refer to those places that receive additional services through
22 BIDs or other, similar public-private partnerships.end delete
begin insert does not include
23a private business establishment.end insert

begin delete

24(n)

end delete

25begin insert(f)end insert “Rest” means the state of not moving, holding certain
26postures that include, but are not limited to, sitting, standing,
27leaning, kneeling, squatting, sleeping, or lying.

begin delete

28(o)

end delete

29begin insert(g)end insert “Soliciting donations” means asking forbegin insert food, water, orend insert
30 money, which includes panhandling.

31

53.2.  

(a) begin insertThe existence of homelessness requires that
32fundamental rights that are amply protected in the home and in
33private places be extended to the public domain to ensure the equal
34rights of all Californians, homeless and housed. end insert
Everybegin insert homelessend insert
35 person in thebegin delete state, regardless of actual or perceived housing status,
36low income, sexual orientation, gender identity, citizenship, or
37immigration status,end delete
begin insert stateend insert shall havebegin delete the right toend delete all of the following
38basic human rights and legal and civil protections, except when
39prohibited by federal law:

P10   1(1) The right to move freely in the same manner as any other
2person in publicbegin delete spaces, including, but not limited to, plazas,
3parking lots, public sidewalks, public parks, public transportation,
4public streets, and public buildings, in the same manner as any
5other person, and without discriminationend delete
begin insert spaces without being
6subject to criminal or civil sanctions, harassment or arrestend insert
by law
7enforcement, public or private security personnel, or BID agents
8begin insert because he or she is homelessend insert.

9(2) The right to restbegin delete and sleepend delete inbegin insert aend insert publicbegin delete spacesend deletebegin insert space in the
10same manner as any other personend insert
without being subject to criminal
11or civil sanctions, harassment, or arrest by law enforcement, public
12or private security personnel, or BID agentsbegin insert because he or she is
13homelessend insert
, as long asbegin delete suchend deletebegin insert thatend insert rest does not maliciously or
14substantially obstruct a passageway.

begin delete

15(3) The right to set down or leave at rest personal property in
16public spaces without being subject to criminal or civil sanctions,
17harassment, or arrest by law enforcement, public or private security
18personnel, or BID agents, as long as that personal property does
19not maliciously or substantially obstruct a passageway, or the
20possession or placement of that personal property does not deny
21another of the right to property. This includes the right to restitution
22for loss of property or personal effects and belongings if the
23property or personal effects are confiscated, removed, damaged,
24or destroyed by law enforcement, public or private security
25personnel, or BID agents in violation of this paragraph or any other
26protections of property provided under state or federal law.

27(4)

end delete

28begin insert(3)end insert The right tobegin insert eat,end insert share, accept, or give foodbegin insert or waterend insert in public
29spacesbegin insert in the same manner as any other personend insert without being
30subject to criminal or civil sanctions, harassment, or arrest by law
31enforcement, public or private security personnel, or BID agents
32begin insert because he or she is homelessend insert.

begin insert

33(4) The right to solicit donations in public spaces in the same
34manner as any other person without being subject to criminal or
35civil sanctions, harassment, or arrest by law enforcement, public
36or private security personnel, or BID agents because he or she is
37homeless.

end insert

38(5) The right to the same protections that law enforcement
39agencies affordbegin delete to the general publicend deletebegin insert any other personend insert, including,
P11   1but not limited to, the right to reasonable protection from assault,
2domestic violence, sexual assault, or robberies.

3(6) The right tobegin delete sleep, sit, lie down, stand, eat, solicit donations,
4or share food in a public place or in a vehicleend delete
begin insert restend insert in a publicbegin delete placeend delete
5begin insert spaceend insert, without being subject to criminal or civil sanctionsbegin insert,
6harassment,end insert
or arrest by law enforcement, public or private security
7personnel, or BID agents, except that law enforcement may enforce
8existing local laws if all of the following are true: (1) the person’s
9county of residence maintains 12 months per year of nonmedical
10assistance provided for in Section 17000 of the Welfare and
11Institutions Code for employable, able-bodied adults without
12dependents who are compliant with program rules established by
13the county, including work requirements; (2) the locality is not a
14geographical area identified by the United States Department of
15Labor in accordance with Subpart A of Part 654 of Section 20 of
16the Code of Federal Regulations as an area of concentrated
17 unemployment or underemployment or an area of labor surplus;
18and (3) the public housing waiting list maintained by the county
19contains fewer than 50 persons.

20(7) The right tobegin delete be self-employedend deletebegin insert engage in lawful
21self-employment in the same manner as any other personend insert
,
22including, but not limited to, the right to seek self-employment in
23junk removal and recycling that requires the collection, possession,
24redemption, and storage of goods for reuse and recycling, without
25being subject to criminal or civil sanctions, harassment, or arrest
26by law enforcement, public or private security personnel, or BID
27agentsbegin insert because he or she is homelessend insert.

28(8) The right to pray, meditate, or practice religion in public
29spacesbegin insert in the same manner as any other personend insert, without being
30subject to criminal or civil sanctions, harassment, or arrest by law
31enforcement, public or private security personnel, or BID agents
32begin insert because he or she is homelessend insert.

33(9) The right to decline admittance to a public or private shelter
34or any other accommodation, including social services programs,
35for any reason he or she sees fit, withoutbegin delete facingend deletebegin insert being subject toend insert
36 criminal or civil sanctions, harassment, orbegin delete arrest, or threats of these
37actions,end delete
begin insert arrestend insert from law enforcement, public or private security
38personnel, or BID agents.

39(10) The right to occupy a motor vehicle, as defined in Section
40415 of the Vehicle Code, or recreational vehicle, as defined in
P12   1Section 18010 of the Health and Safety Code, either to rest, sleep,
2or use for the purposes of shelter, provided that the vehicle is
3legally parked on public property, withoutbegin delete facingend deletebegin insert being subject toend insert
4 criminal or civil sanctions, harassment, or begin delete arrest, or threats of these
5actions,end delete
begin insert arrestend insert from law enforcement, public or private security
6personnel, or BID agents.

begin delete

7(11) If the person is a child or youth, the right to state
8enforcement of the educational protections under the federal
9McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with
10regard to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II)
11of Title 42 of the United States Code, which provide that a school
12shall provide assistance to the parent or guardian of each homeless
13child or youth (or, in the case of an unaccompanied youth, the
14youth) to exercise the right to attend the parent’s or guardian’s (or
15youth’s) choice of school, and a school shall coordinate with the
16local educational agency with jurisdiction for the school selected
17by the parent or guardian (or youth), to provide transportation and
18other necessary services.

19(12)

end delete

20begin insert(11)end insert The right tobegin delete be protected from disclosureend deletebegin insert confidentialityend insert
21 of his or her records and informationbegin delete fromend deletebegin insert byend insert homeless shelters,
22medical centers, schools, or any otherbegin insert publicly funded humanend insert
23 service provider to law enforcement agenciesbegin delete without appropriate
24legal authority, and the right to confidentiality of personal records
25and information in accordance with all limitations on disclosure
26established by the federal Homeless Management Information
27Systems, the federal Health Insurance Portability and
28Accountability Act of 1996 (Public Law 104-191), and the federal
29Violence Against Women Act (Public Law 103-322)end delete
begin insert, employers,
30or landlords, except that the records or information may be
31disclosed if the disclosure is based on appropriate legal authority.
32Disclosure of an individual’s records or information shall not be
33allowed unless the individual received oral and written notice of
34the legal authority to disclose this information and the individual’s
35right to opt out of having the records or information disclosedend insert
.

begin delete

36(13) The right to confidentiality of personal records regarding
37housing status, income level, mental illness, physical disability,
38sexual orientation, gender identity, citizenship, or immigration
39status, and to protection from disclosure of the information and
40records to landlords and employers.

end delete
begin delete

P13   1(14)

end delete

2begin insert(12)end insert (A) begin deleteIf end deletebegin insertThe right to assistance of counsel, if end inserta county
3chooses to initiate judicial proceedingsbegin delete subject to Section 40508
4of the Vehicle Code, Section 853.6, 853.7, or 853.8 of the Penal
5Code, or any similar law authorizing arrest for failure to appear
6or pay bail of the amount listed on the notice to appear, the
7defendant shall be guaranteed the right to assistance of counselend delete

8begin insert under any law set forth in Section 53.5end insert. The accused shall be
9advised of this right to counsel before entering a plea, and any
10waiver of this right shall be explicit. If the district attorney’s office
11or its agent is representing the state in any part of an infraction
12proceeding, the accused shall have the right to assistance of counsel
13with regard to that infraction.

14(B) The county where the citation was issued shall pay the cost
15of providing counsel under thisbegin delete sectionend deletebegin insert paragraphend insert.

begin delete

16(C) A county shall not use penalties under Section 1214.1 of
17the Penal Code or any other civil assessment scheme in the
18prosecution of municipal infractions unless the defendant was the
19driver of a vehicle.

20(15) The right to assistance of counsel in any civil or criminal
21proceeding that may result in commitment to a public health
22institution.

23(16) The right to be free from arbitrary arrest, detention, or
24deportation, handed over to another law enforcement agency, or
25deported, without guarantees necessary for his or her timely
26defense.

27(b)

end delete

28begin insert(C)end insert Thisbegin delete sectionend deletebegin insert paragraphend insert shall not be construed to eliminate
29any protection or right to representation available under Sections
305365 and 6500 of the Welfare and Institutions Codebegin insert or any other
31provision of lawend insert
.

32

53.3.  

(a) A public employee shall not be retaliated against by
33his or her employer, for offeringbegin insert availableend insert public resources to a
34homeless person in order to protect that person from harm,
35including, but not limited to,begin delete forend delete offering or providing food,
36blankets, first-aid supplies, or water.

37(b) Any person or organizationbegin delete or waterend delete offering foodbegin insert or waterend insert
38 inbegin insert aend insert public begin deletespacesend deletebegin insert spaceend insert to anybegin insert homelessend insert personbegin delete pursuant to this
39partend delete
shall not be subject to criminal or civil sanctions, arrest, or
P14   1harassment by law enforcement, public or private security
2personnel, or BID agents.

3

53.4.  

(a) Every local government and disadvantaged
4unincorporated community within the state shall have sufficient
5health and hygiene centers available 24 hours a day, seven days a
6week, for use by homeless people. These facilities may be part of
7the Neighborhood Health Center Program.

8(b) For purposes of subdivision (a), the health and hygiene
9centers shall be funded by the State Department of Public Health
10through those county agencies that oversee public health programs,
11and, at a minimum, shall contain public bathroom and shower
12facilities.

13(c) The State Department of Public Health shall distribute public
14bulletins and notices identifying the facilities to be used as health
15and hygiene centers.

16(d) For purposes of this section, “disadvantaged unincorporated
17community”begin delete means a fringe, island, or legacy community in which
18the median household income is 80 percent less than the statewide
19median household incomeend delete
begin insert shall be defined as in Section 65302.10
20of the Government Codeend insert
.

21

53.5.  

(a) To ensure equitable and cost-effective enforcement
22of the Homeless Person’s Bill of Rights and Fairness Act (Ch.____,
23Stats. 2013), every local law enforcement agency shall annually
24compile and review the number of citations, arrests, and other
25enforcement activities made pursuant to laws prohibiting the
26following:

27(1) Obstructing a sidewalk, whether by a person or personal
28property.

29(2) Loitering.

30(3) Sitting.

31(4) Lying down.

32(5) Camping.

33(6) Public lodging, including the prohibition specified in
34subdivision (e) of Section 647 of the Penal Code.

35(7) Sleeping in a public place.

36(8) Soliciting donations.

37(9) Soliciting donations at certain restricted locations, including
38citing people for panhandling under Section 22520.5 of the Vehicle
39Code.

40(10) Bathing in public places.

P15   1(11) Sharing or receiving food.

2(12) Inhabiting or sleeping in a vehicle.

3(13) Violating public park closure laws.

4(14) Crossing streets or highways at particular locations,
5including subdivisions (c) and (d) of Section 21451 of, subdivision
6(d) of Section 21453 of, subdivision (b) of Section 21456 of,
7Section 21461.5 of, subdivision (b) of Section 21950 of, Section
821954 of, Section 21955 of, and subdivision (a) of Section 21956
9of, the Vehicle Code.

10(15) Trespassing, unless the trespassing charge is coupled with
11any misdemeanor or felony, except those misdemeanors that are
12included in Section 372 of, and subdivisions (h) to (j), inclusive,
13and subdivisions (l) and (m), of Section 602 of, the Penal Code.

begin insert

14(16) Failing to appear, pay a fine, post bail, or comply with a
15condition of a court order, as described in Section 40508 of the
16Vehicle Code or Section 853.6, 853.7, or 853.8 of the Penal Code.

end insert
begin delete

17(16)

end delete

18begin insert(17)end insert Any other local or state law enforced against homeless
19persons and identified by the Attorney General’s office,begin insert orend insert a city
20attorney’sbegin delete office, or any nonprofit organization whose work or
21mission includes assistance to research about, or advocate for, poor
22and homeless peopleend delete
begin insert officeend insert.

23(b) A local law enforcement agency shall make this information
24publicly available under the terms set forth in the California Public
25Records Act (Chapter 3.5 (commencing with Section 6250) of
26Division 7 of Title 1 of the Government Code).

27(c) A local law enforcement agency shall report the information
28specified in this section to the Attorney General’s office on an
29annual basis.

30

53.6.  

(a) Any person whose rights have been violated under
31this part may enforce those rightsbegin delete and he or she, or his or her lawful
32representative, may file a motion for relief in any trial or appellate
33court with jurisdiction over the case as a matter of right. The court
34shall act promptly on any motion for relief under this partend delete
begin insert in a civil
35actionend insert
.

36(b) begin deleteAny civil action alleging a violation of this part may be
37brought against any person, entity, public entity, or public
38employee. end delete
The court may awardbegin delete punitive damages, if applicable,end delete
39 appropriate injunctive and declaratory relief,begin insert restitution for loss
40of property or personal effects and belongings,end insert
actual damages,
P16   1compensatory damages,begin delete general damages, special damages,end delete
2 exemplary damages, statutory damages of one thousand dollars
3($1,000) per violation,begin delete if applicable,end delete and reasonable attorneys’ fees
4and costs to a prevailing plaintiff.

5

begin deleteSEC. 5.end delete
6begin insertSEC. 4.end insert  

Section 11135 of the Government Code is amended
7to read:

8

11135.  

(a) No person in the State of California shall, on the
9basis of race, national origin, ethnic group identification, religion,
10age, sex, sexual orientation, color, housing status, genetic
11information, or disability, be unlawfully denied full and equal
12access to the benefits of, or be unlawfully subjected to
13discrimination under, any program or activity that is conducted,
14operated, or administered by the state or by any state agency, is
15funded directly by the state, or receives any financial assistance
16from the state. Notwithstanding Section 11000, this section applies
17to the California State University.

18(b) With respect to discrimination on the basis of disability,
19programs and activities subject to subdivision (a) shall meet the
20protections and prohibitions contained in Section 202 of the federal
21Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
22and the federal rules and regulations adopted in implementation
23thereof, except that if the laws of this state prescribe stronger
24protections and prohibitions, the programs and activities subject
25to subdivision (a) shall be subject to the stronger protections and
26prohibitions.

27(c) (1) As used in this section, “disability” means any mental
28or physical disability, as defined in Section 12926.

29(2) The Legislature finds and declares that the amendments
30made to this act are declarative of existing law. The Legislature
31further finds and declares that in enacting Senate Bill 105 of the
322001-02 Regular Session (Chapter 1102 of the Statutes of 2002),
33it was the intention of the Legislature to apply subdivision (d) to
34the California State University in the same manner that
35subdivisions (a), (b), and (c) already applied to the California State
36University, notwithstanding Section 11000. In clarifying that the
37California State University is subject to paragraph (2) of
38subdivision (d), it is not the intention of the Legislature to increase
39the cost of developing or procuring electronic and information
40technology. The California State University shall, however, in
P17   1determining the cost of developing or procuring electronic or
2information technology, consider whether technology that meets
3the standards applicable pursuant to paragraph (2) of subdivision
4(d) will reduce the long-term cost incurred by the California State
5University in providing access or accommodations to future users
6of this technology who are persons with disabilities, as required
7by existing law, including this section, Title II of the federal
8Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
9 et seq.), and Section 504 of the Rehabilitation Act of 1973 (29
10U.S.C. Sec. 794).

11(d) (1) The Legislature finds and declares that the ability to
12utilize electronic or information technology is often an essential
13function for successful employment in the current work world.

14(2) In order to improve accessibility of existing technology, and
15therefore increase the successful employment of individuals with
16disabilities, particularly blind and visually impaired and deaf and
17hard-of-hearing persons, state governmental entities, in developing,
18procuring, maintaining, or using electronic or information
19technology, either indirectly or through the use of state funds by
20other entities, shall comply with the accessibility requirements of
21Section 508 of the federal Rehabilitation Act of 1973, as amended
22(29 U.S.C. Sec. 794d), and regulations implementing that act as
23set forth in Part 1194 of Title 36 of the Federal Code of
24Regulations.

25(3) Any entity that contracts with a state or local entity subject
26to this section for the provision of electronic or information
27technology or for the provision of related services shall agree to
28respond to, and resolve any complaint regarding accessibility of
29its products or services that is brought to the attention of the entity.

30(e) As used in this section, “sex” and “sexual orientation” have
31the same meanings as those terms are defined in subdivisions (q)
32and (r) of Section 12926.

33(f) As used in this section, “race, national origin, ethnic group
34identification, religion, age, sex, sexual orientation, color, or
35disability” includes a perception that a person has any of those
36characteristics or that the person is associated with a person who
37has, or is perceived to have, any of those characteristics.

38(g) As used in this section, “genetic information” has the same
39definition as in paragraph (2) of subdivision (e) of Section 51 of
40the Civil Code.

P18   1(h) For purposes of thisbegin delete sectionend deletebegin insert section,end insert “housing status”begin delete has
2the same meaning as that term isend delete
begin insert means status as a “homeless
3person” asend insert
defined inbegin delete subdivision (g) ofend delete Section 53.1 of the Civil
4Code.

5

begin deleteSEC. 6.end delete
6begin insertSEC. 5.end insert  

The Legislature finds and declares that the need to
7address discriminatory practices is a matter of statewide concern
8and is not a municipal affair, as that term is used in Section 5 of
9Article XI of the California Constitution. Therefore, this act shall
10apply to all cities, including charter cities.

11

begin deleteSEC. 7.end delete
12begin insertSEC. 6.end insert  

The provisions of this act are severable. If any
13provision of this act or its application is held invalid, that invalidity
14shall not affect other provisions or applications that can be given
15effect without the invalid provision or application.

16

begin deleteSEC. 8.end delete
17begin insertSEC. 7.end insert  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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