BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 5
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          Date of Hearing:  April 23, 2013

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
                      AB 5 (Ammiano) - As Amended: April 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 DISCRIMINATION BY  
          PUBLIC ENTITIES ON PUBLIC PROPERTY, RIGHTS TO CONFIDENTIALITY  
          AND LEGAL COUNSEL, PROTECTIONS FOR THOSE WHO AID A HOMELESS  
          PERSON, REQUIRED REPORTS REGARDING SPECIFIED LAW ENFORCEMENT  
          ACTIVITIES 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 applicable county  
          provided specified levels of public benefits.  The 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  








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          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 making process. 

           SUMMARY  :  Recognizes specified rights for homeless people.   
          Specifically,  this bill  :  

          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 without being subject to  
            criminal or civil sanctions, harassment or arrest by law  
            enforcement, public or private security personnel, or Business  
            Improvement District (BID) agents because he or she is  
            homeless.

          2)Provides that every homeless person shall 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, without being  
            subject to criminal or civil sanctions, harassment, or arrest  
            from law enforcement, public or private security personnel, or  
            BID agents.

          3)Provides that every homeless person shall have the right to  
            the same protections that law enforcement agencies afford to  
            any other person.

          4)Provides that law enforcement may enforce existing local laws  
            regarding resting in a public place provided that specified  








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            human service criteria are met: the person's county of  
            residence maintains 12 months per year of nonmedical  
            assistance for employable, able-bodied adults who are  
            compliant with program rules established by the county,  
            including work requirements; the locality is not a  
            geographical area as an area of concentrated unemployment or  
            underemployment or an area of labor surplus; and the public  
            housing waiting 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 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.

          6)Provides that every homeless person shall have 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, without being subject to  
            criminal or civil sanctions, harassment, or arrest from law  
            enforcement, public or private security personnel, or BID  
            agents.

          7)Provides that every homeless person shall have the right to  
            confidentiality of his or her records and information by  
            homeless shelters, medical centers, schools, or any other  
            publicly funded human service provider to law enforcement  
            agencies, employers or landlords 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  
            proceedings under laws that are often selectively enforced  
            against homeless people. 

          9)Prohibits retaliation against public employees who offer  
            available resources to a homeless person in order to protect  
            that person from harm. 

          10)Prohibits the civil sanction, arrest, or harassment of any  
            person or organization offering food or water in a public  
            space to a homeless person. 








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          11)Provides that 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.

          12)Requires law enforcement agencies to annually compile and  
            review the number of citations, arrests, and other enforcement  
            activities under laws that are alleged to be selectively  
            enforced against homeless people. 

          13)Requires local law enforcement agencies to make public the  
            records of citations, arrests and other enforcement activities  
            under laws that are alleged to be selectively enforced 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 in a civil action in  
            which the court may award appropriate relief and damages,  
            including restitution for loss of property or personal effects  
            and belongings as well as reasonable attorneys' fees and costs  
            to a prevailing plaintiff. 

          15)Provides that no person shall, on the basis of housing  
            status, 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. 

           EXISTING LAW  :  

           1)Provides that all persons are free and equal no matter what  
            their sex, race, color religion, ancestry, national origin,  
            disability, medical condition, genetic information, marital  
            status, or sexual orientation and are entitled to full and  
            equal accommodations, advantages, facilities, privileges, or  
            services in all business establishments.  (Civil Code section  
            51.)

          2)Establishes that no person shall be discriminated under any  
            state-funded program or activity on the basis of race,  
            national origin, ethnic group identification, religion, age,  








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            sex, sexual orientation, color, genetic information, or  
            disability.  (Government Code section 11135.)

           COMMENTS  :  In support of the bill, the author states:

               There is currently no unified state law that defines a  
               statewide standard protecting basic civil rights of our  
               most vulnerable Californians. Today, numerous laws infringe  
               on poor people's ability to exist in public space, to  
               acquire housing, employment, 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 while protecting people  
               from discrimination and ensuring a right to privacy and  
               personal property.
           
               With poverty and unemployment reaching record numbers in  
               California, our cities have begun enacting a wave of such  
               laws, targeting mostly people without homes.  These laws,  
               commonly called "quality of life" or "anti-nuisance"  
               ordinances, criminalize sleeping, sitting, and even  
               food-sharing in public spaces.  Just like the  
               discriminatory laws from the past, they deny people their  
               right to exist in local communities. 

               According to research published by the Western Regional  
               Advocacy Project, the main "illegal offenses" that people  
               without homes have been charged with as a result of these  
               "nuisance" laws are: 

                     83% harassed for  sleeping  , with 48% of these people  
                 cited and 30% arrested. 
                     79% harassed for  sitting or lying down  , with 43% of  
                 these people cited and 26% arrested.
                     66% harassed for "  loitering  " or being present in a  
                 public space, with 40% of these people cited and 24%  
                 arrested.  

               This same study found that the majority 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 and jail  
               time. A citation for sleeping or standing on the street,  








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               instead, contributes to a person's inability to establish  
               financial solvency and good credit necessary to secure  
               employment and a rental agreement. Citations, arrests and  
               jail time do not solve homelessness, they just route  
               crucial public dollars that could be spent on housing, to  
               an already impacted court and corrections system, neither  
               of which have the responsibility or resources to provide  
               housing. Homelessness is a consequence of poverty and  
               inability to afford housing and can only be curtailed by  
               shifting our priorities to address these root causes.

               AB 5 enacts law protecting people without homes from  
               violations of their basic human rights and the people who  
               serve them from penalties. It also resolves to reduce the  
               impact of homelessness on communities and individuals by  
               diverting investment from criminalization to stabilization  
               efforts.

           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 Homelessness.   This bill is co-sponsored by the  
          Western Center on Law and Poverty, JERICHO, and the Western  
          Regional Advocacy Project which jointly state:

               Homelessness is the most brutal and severe face of poverty,  
               experienced daily by 160,000 men, women, and children in  
               California. This represents 20% of the nation's homeless  
               population.  In recent years, there have been increases in  
               the numbers people experiencing homelessness. Homelessness  
               not only has grave human consequences, it also creates  
               challenges for local governments, both rural and urban. 

               Families with children have been one of the fastest growing  
               groups of homeless people, representing over 40% of the  
               nation's homeless in 2009 according to the National  
               Coalition for the Homeless. In California, child  
               homelessness is high. The National Center on Family  
               Homelessness has given California a rank of 49th worst in  
               the number of homeless children and 48th worst in the  
               percentage of children who are homeless. According to data  
               collected by the McKinney-Vento Educational Programs more  
               than 292,624 California children experience homelessness  
               each year. Of the 2,200,000 children living in poverty in  
               California, thirteen percent are homeless.  








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               It should come as no surprise that homelessness is  
               increasing among families with children, as poverty among  
               families with children is also on the rise. According to  
               the Public Policy Institute of California, after reaching a  
               low of about 16% in 2001, the child poverty rate in  
               California has been trending upward with nearly 1 in 4  
               children living in poverty in California (23.2%) in 2010.  
               California is in the minority of states with an increase in  
               child poverty over 5% per year for the last couple of  
               years.

               The consequences of poverty for people who lack housing are  
               significant.
               Homeless families are twice as likely as middle-income  
               families to report that their children have moderate or  
               severe health problems such as asthma, dental problems, and  
               emotional difficulties. 

               The health consequences of homelessness are not limited to  
               children. On average, homeless adults have 8 to 9  
               concurrent medical illnesses, commonly 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  
               common among homeless girls and women, as a result of  
               limited access to reproductive health services,  
               prostitution, and survival sex (sex in exchange for food or  
               temporary shelter).  Homelessness contributes to  
               hard-to-manage medical and psychiatric illnesses because  
               people who don't have homes are more vulnerable to harm  
               caused by crime and violence; prolonged standing; excessive  
               outdoor exposure; and airborne infectious diseases due to  
               overcrowding.  

               Without a home, people are less able to safely store or  
               prepare food and so are more likely to succumb to food  
               borne illnesses. 

               The human experience of homelessness is profound. Whether a  
               child, adult or elder, the lack of privacy and social  
               isolation experienced by people with no home can lead to  
               significant bouts of depression and have long-lasting  








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               impacts on self-worth and emotional wellbeing. The  
               prevalence of homelessness in the 21st century is a result  
               of an inexcusable failure of our economic and political  
               system that has led, not only, to violations of  
               internationally recognized human rights but also impact the  
               public health of entire communities.

               Episodes of mass homelessness have occurred throughout U.S.  
               history. However, in the middle of the twentieth century,  
               following failed attempts to outrun vagrancy by passing  
               laws criminalizing the existence of poverty, New Deal  
               policies and post-World War II social welfare programs  
               effectively reduced the numbers of homeless people in the  
               United States. Certainly, marginally housed populations and  
               severe urban poverty did continue to exist after these  
               policies and programs were initiated, especially amongst  
               elderly men living in skid rows and amongst people facing  
               racist economic discrimination. Yet, few people were so  
               deeply poor and had such limited options that they were  
               forced to live on the streets.

               Now, three decades after the first homeless shelters  
               opened, with comparative investments in affordable housing  
               the lowest since it began, there is an uptick in laws that  
               make it illegal to be poor and homeless in public spaces.

               The following facts documenting that decline are included  
               in the Western Regional Advocacy Project report Without  
               Housing:

                     Between 1978 and 1983, HUD budget authority shrank  
                    from $83 billion to little more than $18 billion in  
                    2004 constant dollars, and since then has never been  
                    more than $32 billion except for in 2009 and 2010  
                    because of Recovery Act funding.

                     HUD Funding for new public housing units has been  
                    zero since 1996. Meanwhile, since
                    1995, 360,000 housing units have been lost. HUD  
                    estimates that approximately 100,000 units are sold or  
                    destroyed each year.

                     Since 1995, 360,000 project-based units of Section 8  
                    housing that have been lost and another 900,0000 of  
                    these units have contract set to expire before 2014,  








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                    accounting for the long wait lists for housing  
                    assistance. As a result, current funding for the  
                    voucher program meets the needs of only one-quarter of  
                    homeless families.

                     From1976-1985, a yearly average of almost 31,000 new  
                    Section 515 rural affordable housing units were built,  
                    from 1986-2005, the average yearly production was  
                    8170, a 74 percent reduction and in 2011 only 763  
                    units were built.

               On top of the loss of public housing, 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. According to the  
               Urban Institute's 2011 Out of Reach report, on average in  
               2011 a household needs to earn $18.46 an hour, working 40  
               hours a week, 52 weeks a year, to afford a two-bedroom home  
               at the Fair Market Rent.
               Perhaps most distressing about, and very much related to,  
               the increase in homelessness and dramatic decrease in  
               federal funding for affordable housing and support for  
               low-income renters caught in this tight rental market is  
               that the federal government is spending more on housing  
               subsidies today than it ever has, but these subsidies  
               overwhelmingly benefit wealthy home owners. Federal  
               expenditures on home ownership mortgage deductions in 2012  
               were $131 billion, while total funding in federal  
               low-income housing assistance programs was under $50  
               billion.

            This bill is also co-sponsored by the East Bay Community Law  
          Center, which states:

               At EBCLC, we have worked extensively with homeless clients  
               over the past 25 years. We have seen firsthand the trend  
               toward criminalization of homelessness, and its ill  
               effects. Our clients are charged with trespassing for  
               standing on a public sidewalk, while nearby housed people  
               are - unsurprisingly - not cited. AB 5 would prohibit that  
               kind of selective enforcement. We have elderly and disabled  
               homeless clients who endured criminal prosecution because  
               they were sleeping under an out-of-the-way awning or  
               overhang on a rainy night. AB 5 would limit enforcement of  
               sleeping laws. We know homeless veterans who were cited for  








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               having their neatly packed belongings in public, or who had  
               all their earthly belongings confiscated and destroyed. AB  
               5 would protect personal property and require restitution  
               when belongings were illegally discarded. It is  
               mind-boggling when we see homeless people turned away from  
               treatment programs, housing, or jobs because they have  
               arrest warrants for "quality of life" tickets. AB 5 would  
               curtail the government resources spent on giving homeless  
               people citations they cannot afford to pay for acts that  
               should not be criminal to begin with, and will thereby  
               reduce jail and court costs that our state can ill afford.

               AB 5's provisions are in line with experts'  
               nationally-recognized policy recommendations. Citing and  
               jailing homeless people for being in public is bad public  
               policy, according to the federal government, the U.S.  
               Conference of Mayors, numerous studies and reports and the  
                                                                                   experiences of homeless people themselves. Studies have  
               shown that businesses do not do better when cities  
               criminalize homelessness. This is partly because  
               criminalization does not house homeless people. In fact,  
               criminalization can exacerbate homelessness, creating  
               warrants and criminal records that can impede a homeless  
               person's chance at getting housing, treatment, or  
               employment.

           This Bill Prevents Discrimination On The Basis Of Homelessness  
          By Public Entities In Public Places.   This bill prohibits the  
          discrimination 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, solicit donations, pray, meditate, or  
          practice religion, and eat, share, accept, or give food and  
          water in public 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.  

          Likewise, 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 property, without being  
          subject to criminal or civil sanctions, harassment, or arrest  
          from law enforcement, public or private security personnel, or  
          BID agents.  Homeless people would also have the right to engage  








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          in lawful self-employment, in the same manner as any other  
          person, without being subject to criminal or civil sanctions,  
          harassment, or arrest because the person is homeless.  This bill  
          also provides that homeless persons shall not 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.  Thus,  
          enforcement actions by the specified entities on public property  
          that have the purpose or effect of discriminating against a  
          person because he or she is homeless would be prohibited by the  
          bill.

          Further, this bill provides that every homeless person shall  
          have the right to the same protections that law enforcement  
          agencies afford to any other person.

           This Bill Would Establish A New Right For Homeless People To  
          Rest In Public Spaces Unless A Local Government Provides  
          Specified Levels Of Public Benefits.   In addition to the  
          equal-treatment provision noted above, this bill would establish  
          a more absolute right to rest in public places, notwithstanding  
          that an ordinance or enforcement action may treat homeless and  
          non-homeless persons the same.  Under the bill, it appears that  
          local governments could not prohibit sleeping in public parks by  
          enforcing nighttime closing rules unless the county provides a  
          specified level of human services.  That is, the bill provides  
          that law enforcement may enforce existing local laws regarding  
          resting in a public place if the person's county of residence  
          maintains 12 months per year of nonmedical assistance for  
          employable, able-bodied adults who are compliant with program  
          rules established by the county, including work requirements;  
          the locality is not a geographical area as an area of  
          concentrated unemployment or underemployment or an area of labor  
          surplus; and the public housing waiting list maintained by the  
          county contains fewer than 50 persons. 

           This Bill Provides Homeless People The Right To Decline Public  
          Services.   According to supporters, homeless people are often  
          forced to separate from loved ones, give up their personal  
          property or pets in order to access public services, including  
          shelters.  This bill provides that every homeless person shall  
          have the right to decline admittance to  a public or private  
          shelter or any other accommodation, including social services  








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          programs, for any reason he or she sees fit, without being  
          subject to criminal or civil sanctions, harassment, or arrest  
          from law enforcement, public or private security personnel, or  
          BID agents. 

          This Bill Provides Homeless People The Right To Confidentiality  
          Regarding Certain Public Records.   The records and information  
          of homeless people kept by homeless shelters, medical centers,  
          schools, or any other publicly funded human service provider  
          would be kept confidential and not be disclosed to law  
          enforcement agencies, employers or landlords unless there is  
          appropriate legal authority to disclose. 

           This Bill Provides Those Wronged A Remedy For Violation Of Their  
          Rights.   Specially, this bill provides that any person whose  
          rights have been violated under this part may enforce that right  
          in a civil action in which the court may award appropriate  
          relief and damages, including restitution for loss of property  
          or personal effects and belongings as well as reasonable  
          attorneys' fees and costs to a prevailing plaintiff. 

           This Bill Provides The Right To Counsel In Certain Cases.   If a  
          county chooses to initiate judicial proceedings under laws that  
          are allegedly enforced selectively against homeless people, this  
          bill would give the homeless person a right to counsel in that  
          proceeding, expanding the existing constitutional right to  
          counsel in criminal cases involving felonies.

          The East Bay Community Law Center argues:

               In the vast majority of counties, District Attorneys do not  
               send attorneys to traffic court to represent the state in  
               infraction cases. Rather, if a citation is challenged, the  
               citing officer testifies, and the defendant has the  
               opportunity to do so as well - normally, neither party is  
               represented. However, in some small number of counties or  
               cases, the District Attorney is spending attorney resources  
               prosecuting municipal infractions.

               For the most part AB 5 does not change existing law about  
               when defendants receive counsel. It does, however, provide  
               that if a prosecuting attorney is present in court, the  
               defendant should have an attorney as well. Counties would  
               be able to avoid the cost of defense (and much of the  
               prosecution cost) by prosecuting infraction cases without  








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               an attorney present for the state, as most counties already  
               do. As a result, this provision of AB 5 could save money as  
               well as balance the scales of people charged with crimes. 

           This Bill Prohibits Penalties Against Persons Who Offer Food Or  
          Water And Prohibits Retaliation Against Public Officials Who  
          Provide Aid.   Specifically, this bill prohibits the civil  
          sanction, arrest, or harassment of any person or organization  
          offering food or water in a public space to a homeless person.   
          Additionally, this bill prohibits retaliation against public  
          employees who offer available resources to a homeless person in  
          order to protect that person from harm. 

           This Bill Requires Local Governments To Provide Aid Centers For  
          Homeless People.   Supporters argue that people without a home  
          are limited in their access to safe and responsible personal  
          hygiene.  This bill provides that 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.

           In Order To Monitor Enforcement and Improve Law Enforcement  
          Efficiency, This Bill Requires Recordkeeping Regarding Certain  
          Law Enforcement Activities.   This bill requires law enforcement  
          agencies to annually 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 bill 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 Center argues that tracking this  
          information is vital to improved homeless policy in California  
          because "we cannot address the problems of discriminatory  
          enforcement-a problem well attested by anecdote, departmental  
          statements of policy, and historical reason - without good  
          information on enforcement practices. [And] we cannot adequately  
          evaluate policies of criminalization without good information."

           ARGUMENTS IN OPPOSITION  :  This bill is opposed by many local  
          government agencies and business groups.  Among others, the  
          League of California Cities, California Downtown Association,  
          and California Special District Associations jointly state:








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               We recognize the interconnectedness of safe, decent, and  
               permanent housing when addressing other needs of  
               California's homeless population, such as mental health or  
               substance abuse treatment, and unemployment.  However, any  
               solution must strike a balance between promoting health and  
               safety for all residents and respecting the local  
               designation of resources.  Unfortunately, AB 5 would create  
               costly mandates, blur the line between local jurisdiction  
               authority, and undermine the local decision making process.  
                Specifically, AB 5 would:

                       Increase costs for local law enforcement at a time  
                  when funding for public safety is scarce by requiring  
                  the annual compilation and reporting of statistics on  
                  violations related to obstructing a sidewalk, loitering,  
                  sitting, lying down, sleeping in public, soliciting  
                  donations, bathing in public places, sleeping in a  
                  vehicle, jaywalking, and trespassing.

                       Usurp local authority by prohibiting the  
                  enforcement of existing local ordinances if the county  
                  does not maintain year-round nonmedical assistance and  
                  there are fewer than 50 people on the county's public  
                  housing waiting list.  Special districts and cities do  
                  not have authority over county actions, and yet they  
                  would still have their local authority hindered based on  
                  the counties actions.

                       Provide civil and criminal protections for local  
                  agency employees who make that agency's property and  
                  resources available for use or distribution 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 facilities.  This  
                  requirement also confuses the autonomy of cities and  
                  special districts regarding oversight and  
                  administration. 

                       Increase court costs and inhibit revenue  
                  collection by guaranteeing persons the right to counsel  
                  for failure to appear or pay bail, in addition to  
                  providing ample opportunities to file a lawsuit and  








                                                                  AB 5
                                                                  Page 15

                  recover money.

               Despite our opposition to AB 5, we share some common ground  
               with the intent of the bill.  Local governments strive to  
               assist those in need by offering housing, mental health  
               counseling, and other services.  As such, we believe that  
               other legislation introduced this 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  
               housing and SB 391 (DeSaulnier), which would provide a  
               reliable and steady source of affordable housing 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
          Bernal Heights Neighborhood Center
          Black Caucus of California Community Colleges
          Building Opportunities for Self-Sufficiency
          Caduceus Justice
          California Alliance for Retired Americans
          California Church Impact
          California Coalition for Youth
          California Communities United Institute
          California Hunger Action Coalition
          California Latinas for Reproductive Justice
          California Nurses Association
          California Partnership to End Domestic Violence
          California Psychological Association
          California Public Defenders Association
          California Senior Legislature
          Californians United for a Responsible Budget
          Causa Justa: Just Cause
          Cham Deliverance Ministry
          City of Richmond
          Coalition on Homelessness, San Francisco
          Community Alliance
          Community Food and Justice Coalition
          Community Housing Partnership








                                                                  AB 5
                                                                  Page 16

          Community Resource Center
          Compass Family Services
          Disability Rights Advocates
          Drug Policy Alliance
          End Hunger Action Coalition
          Episcopal Community Services, San Francisco
          General Assistance Advocacy Project
          Hamilton Family Center
          Healthy Communities, 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 Community Services, Inc.
          LA Human Right to Housing Collective
          Labor/Community 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 Department
          Mutual Housing California
          National Association of Social Workers
          National Coalition for the Homeless
          National Economic and Social Rights Initiative
          National Health Care for the Homeless Council
          National Law Center on Homelessness & Poverty
          Occupy Sacramento
          Paratransit, Inc.
          People Organized For Westside Renewal
          People Organized to Win Employment Rights
          Public Law Center
          Rhode Island Coalition for the Homeless
          Richmond Progressive Alliance
          Sacramento Homeless Organizing Committee
          Sacramento Housing Alliance
          Sacramento Loaves & Fishes
          Safe Ground Sacramento
          Saffron Strand, Inc.
          San Diego Hunger Coalition
          San Francisco Labor Council
          San Francisco Living Wage Coalition
          San Francisco Local Homeless Coordinating Board








                                                                  AB 5
                                                                  Page 17

          San Francisco Senior & Disability Action
          Sonoma County Task Force for the Homeless
          South Hayward Parish
          St. Anthony Foundation
          St. John's Well Child & Family Center
          St. Mary's Center
          Swords to Plowshares
          Tenderloin Neighborhood Development Corporation
          Topanga Peace Alliance
          Union de Vecinos
          United Council of Human Services, Mother Brown's Dining 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 California
          United Cerebral Palsy in California  
           
           Opposition 
           Air Conditioning Trade Association
          Association of California Cities - Orange County
          Building Owners and Managers Association of California
          California Chamber of Commerce
          California Apartment Association
          California Association of Joint Powers Authority
          California Business Properties Association
          California Downtown Association
          California Farm Bureau Federation
          California Grocers Association
          California Hotel & Lodging Association
          California Manufacturers and Technology Association
          California Park & Recreation Society
          California Police Chiefs Association
          California Special Districts Association
          California State Sheriffs' Association
          California Travel Association
          Central City East Association
          City of Bellflower
          City of Buena Park
          City of Concord
          City of Corona
          City of Cypress








                                                                  AB 5
                                                                  Page 18

          City of Lake Forrest
          City of Palmdale
          City of Menifee
          City of Signal Hill
          City of Thousand Oaks
          Civil Justice Association of California
          County of Lassen
          Desert Water Agency
          East Bay Rental Housing Association
          Historic Downtown Los Angeles Business Improvement District
          Hollister Downtown Association
          Hollywood Property Owners Alliance 
          International Council of Shopping Centers
          League of California Cities
          Midtown Business Association
          NAIOP of California, the Commercial Real Estate Development  
          Association
          National Federation of Independent Business - California
          NORCAL Rental Property Association
          Orange County Business Council
          Plumbing-Heating-Cooling Contractors Association of California
          San Jose Downtown Association
          Save the American River Association
          South Park Community Benefit District
          The Apartment Association, California Southern Cities
          The River District
          Western Electrical Contractors Association
           
          Analysis Prepared by  :  Kevin G. Baker and Kelsey Fischer / JUD.  
          / (916) 319-2334