Amended in Senate February 22, 2016

Senate BillNo. 876


Introduced by Senator Liu

January 14, 2016


An act to add Part 2.2 (commencing with Section 53.8) to Division 1 of the Civil Code,begin delete and to amend Section 11135 of,end delete and to add Section 11139.2 to, the Government Code, relating to homelessness.

LEGISLATIVE COUNSEL’S DIGEST

SB 876, as amended, Liu. Homelessness.

Existing law provides that no person 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.

Thisbegin delete bill would expand those provisions to also include exclusion or discrimination based upon homeless status. The bill would prohibit cities, counties, cities and counties, and municipal agencies that receive state funds from enacting or enforcing a law that bans resting in a public space, as defined. Theend delete bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified.begin delete Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program.end deletebegin insert The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit end insertbegin insertpolicies or practices that are discriminatory in either their purpose or effect.end insert

The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing party injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs.

The bill would also require all applicants for the United States Department of Housing and Urban Development’s Continuum of Care Homeless Assistance Program to annually provide to the Department of Housing and Community Development’s Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization’s response to the application question regarding steps that its community is taking to reduce criminalization of homelessness.begin insert Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program.end insert

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.  

The Legislature finds and declares all of the
2following:

3(a) According to the United States Department of Housing and
4Urban Development’s report to Congress, 115,738 people were
5estimated to be homeless in California in 2014, a rate that is
6unprecedented following a deep and prolonged economic recession,
7a severe shortage of safe and affordable housing, a failed veteran
P3    1and civilian mental health system, and a diminished social safety
2net.

3(b) According to the United States Department of Education,
4284,086 schoolchildren were known to have experienced
5homelessness in the 2013-14 school year.

6(c) Homelessness is an independent risk factor for a number of
7illnesses, making people more susceptible to increased health
8problems due to high stress, sleep deprivation, unsanitary
9surroundings, lack of access to hygiene facilities, and a myriad of
10other situational stressors experienced by people without stable
11housing. Subsequently, people who are chronically homeless are
12more medically frail and three to four times more likely to die
13prematurely than their housed counterparts.

14(d) Throughout California, local governments have enacted
15ordinances that make it illegal to rest or receive nourishment in
16public spaces.

17(e) Ending homelessness in California will require significant
18state and federal resources and there is ample evidence that policies
19that invest in ending homelessness, rather than criminalizing and
20marginalizing people who are experiencing homelessness,
21 adequately balance the needs of all parties: community residents,
22government agencies, businesses, and men and women who are
23experiencing homelessness.

24(f) Passing this act will not reduce homelessness, but neither
25will local ordinances that criminalize homelessness. Instead,
26 ordinances that criminalize homelessness result in increased
27incarceration rates and financial indebtedness of people who simply
28have no means of support and prolong homelessness by making
29it more difficult for people to secure housing, employment, and
30medical care. Criminalization policies further marginalize men
31and women who are experiencing homelessness, fuel inflammatory
32attitudes, and may even unduly restrict constitutionally protected
33liberties.

34(g) That is why, on September 18, 2015, the United States
35Department of Housing and Urban Development included in the
36annual Notice of Funding Availability for the Continuum of Care
37funding competition, provisions that would award additional points
38to any application that could include steps the community is taking
39to reduce criminalization of homelessness.

P4    1(h) It is also why, on August 6, 2015, the United States
2Department of Justice submitted a rare statement of interest in a
3United States District Court in opposition to the criminalization
4of people who are homeless, calling it cruel and unusual
5punishment to punish someone for a crime with the potential for
6imprisonment and a violation of constitutional rights.

7(i) While these ordinances apply to all residents, they
8disproportionately impact people without homes, who have no
9private place to rest or seek nourishment, and are often selectively
10applied by law enforcement to people based upon their appearance
11or an assumption of homelessness.

12(j) In practice, these ordinances deprive persons experiencing
13homelessness and those who may be perceived as homeless of a
14safe and legal place to rest and seek nourishment, which adversely
15impacts their health and well-being.

16(k) Sleep deprivation impairs cognitive processes and puts one
17at risk for obesity, heart disease, heart attack, heart failure, irregular
18heartbeat, high blood pressure, stroke, diabetes, and depression.
19People who are homeless suffer from sleep deprivation and, absent
20a place to rest, they suffer it more frequently.

21(l) Because current practices have denied the right to adequate
22legal representation to people cited or arrested while resting or
23sharing food, homeless persons are often denied relief or damages
24through the courts.

25(m) Both the federal government, through its Interagency
26Council on Homelessness, and the United Nations have recognized
27that discrimination and criminalization violate a homeless person’s
28human rights and have called upon state and local governments to
29cease enactment and enforcement of those laws.

30(n) Homelessness and the increasing criminalization of
31homelessness and discrimination against those experiencing
32homelessness are widespread throughout California and are matters
33of statewide concern.

34(o) Section 1 of Article I of the California Constitution provides
35that “[a]ll people are by nature free and independent and have
36inalienable rights. Among these are enjoying and defending life
37and liberty, acquiring, possessing, and protecting property, and
38pursuing and obtaining safety, happiness, and privacy,” without
39qualification as to whether or not a person is, or appears to be,
40homeless.

P5    1(p) Subdivision (a) of Section 7 of Article I of the California
2Constitution provides that “[a] person may not be deprived of life,
3liberty, or property without due process of law or denied equal
4protection of the laws ... .”

5(q) Concordant with this fundamental belief, a person should
6not be subject to discrimination based on his or her income, housing
7status, or ability or desire to appear housed. Therefore, it is the
8intent of the Legislature in enacting this legislation to protect the
9rights of all Californians, regardless of their housing status, and
10ameliorate the adverse effects caused by the criminalization of
11homelessness on our communities and our citizens.

12(r) Decriminalization of rest allows municipal governments to
13redirect resources from local enforcement activities to activities
14that address the root causes of homelessness and poverty.

15

SEC. 2.  

Part 2.2 (commencing with Section 53.8) is added to
16Division 1 of the Civil Code, to read:

17 

18PART 2.2.  Homeless Persons

19

 

20

53.8.  

For purposes of this part, the following definitions shall
21apply:

22(a) “Homeless persons,” “homeless people,” or “persons
23experiencing homelessness” means those individuals or members
24of families who lack a fixed, regular, and adequate nighttime
25residence, including people defined as homeless using the criteria
26established in the Homeless Emergency Assistance and Rapid
27Transition to Housing (HEARTH) Act of 2009.

begin delete

28(b) “Motor vehicle” means a motor vehicle as defined in Section
29415 of the Vehicle Code.

end delete
begin delete

21 30(c)

end delete

31begin insert(b)end insert “Public space” means any property that is owned by a
32government entity or any property upon which there is an easement
33for public use and that is held open to the public, including, but
34not limited to, plazas, courtyards, parking lots, sidewalks, public
35transportation facilities and services, public buildings, shopping
36centers, and parks.

begin delete

37(d) “Recreational vehicle” means a recreational vehicle as
38defined in Section 18010 of the Health and Safety Code.

end delete
begin delete

29 39(e)

end delete

P6    1begin insert(c)end insert “Rest” means the state of not moving, holding certain
2postures that include, but are not limited to, sitting, standing,
3leaning, kneeling, squatting, sleeping, or lying.

4

53.81.  

(a) begin deletePersons end deletebegin insertIt is the intent of the Legislature that this
5section be interpreted broadly so as to prohibit policies or practices
6that are discriminatory in either their purpose or effect.end insert

7begin insert(b)end insertbegin insertend insertbegin insertPersonsend insert experiencing homelessness shall be permitted to
8use public space in the ways described in this section at any time
9that the public space is open to the public without discrimination
10based upon their housing status, and without being subject to
11criminal, civil, or administrative penalties. Permitted use of the
12public space include, but are not limited to, all of the following:

13(1) Free movement without restraint.

14(2) Sleeping or resting, and protecting onself from the elements
15while sleeping or resting in a nonobstructive manner.

16(3) Eating, sharing, accepting, or giving food in a space in which
17having food is not otherwise generally prohibited.

18(4) Praying, meditating, worshiping, or practicing religion.

begin delete

6 19(b)

end delete

20begin insert(c)end insert Nothing in this section shall prevent law enforcement from
21enforcing laws to protect the right of people to use thebegin delete sidewalk,end delete
22begin insert sidewalkend insert pursuant to the Americans with Disabilities Act of 1990
23(42 U.S.C. Sec. 12101 et seq.).

begin delete

10 24(c)

end delete

25begin insert(d)end insert Nothing in this section shall prevent law enforcement from
26enforcing the Penal Code, except subdivision (e) of Section 647
27of the Penal Code, so far as it prohibits rest.

28

53.82.  

(a) Any person whose rights have been violated pursuant
29to this part may enforce those rights in a civil action.

30(b) The court may award appropriate injunctive and declaratory
31relief, restitution for loss of property or personal effects and
32belongings, actual damages, compensatory damages, exemplary
33damages, statutory damages of one thousand dollars ($1,000) per
34violation, and reasonable attorney’s fees and costs to a prevailing
35party.

begin delete
36

SEC. 3.  

Section 11135 of the Government Code is amended
37to read:

38

11135.  

(a) No person in the State of California shall, on the
39basis of race, national origin, ethnic group identification, religion,
40age, sex, sexual orientation, color, genetic information, disability,
P7    1or homeless status, be unlawfully denied full and equal access to
2the benefits of, or be unlawfully subjected to discrimination under,
3any program or activity that is conducted, operated, or administered
4by the state or by any state agency, is funded directly by the state,
5or receives any financial assistance from the state. Notwithstanding
6Section 11000, this section applies to the California State
7University.

8(b) With respect to discrimination on the basis of disability,
9programs and activities subject to subdivision (a) shall meet the
10protections and prohibitions contained in Section 202 of the federal
11Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
12and the federal rules and regulations adopted in implementation
13thereof, except that if the laws of this state prescribe stronger
14protections and prohibitions, the programs and activities subject
15to subdivision (a) shall be subject to the stronger protections and
16prohibitions.

17(c) (1) As used in this section, “disability” means any mental
18or physical disability, as defined in Section 12926.

19(2) The Legislature finds and declares that the amendments
20made to this act are declarative of existing law. The Legislature
21further finds and declares that in enacting Senate Bill 105 of the
222001-02 Regular Session (Chapter 1102 of the Statutes of 2002),
23it was the intention of the Legislature to apply subdivision (d) to
24the California State University in the same manner that
25subdivisions (a), (b), and (c) already applied to the California State
26University, notwithstanding Section 11000. In clarifying that the
27California State University is subject to paragraph (2) of
28subdivision (d), it is not the intention of the Legislature to increase
29the cost of developing or procuring electronic and information
30technology. The California State University shall, however, in
31determining the cost of developing or procuring electronic or
32information technology, consider whether technology that meets
33the standards applicable pursuant to paragraph (2) of subdivision
34(d) will reduce the long-term cost incurred by the California State
35University in providing access or accommodations to future users
36of this technology who are persons with disabilities, as required
37by existing law, including this section, Title II of the federal
38Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
39and following), and Section 504 of the Rehabilitation Act of 1973
40(29 U.S.C. Sec. 794).

P8    1(d) (1) The Legislature finds and declares that the ability to
2utilize electronic or information technology is often an essential
3function for successful employment in the current work world.

4(2) In order to improve accessibility of existing technology, and
5therefore increase the successful employment of individuals with
6disabilities, particularly blind and visually impaired and deaf and
7hard-of-hearing persons, state governmental entities, in developing,
8procuring, maintaining, or using electronic or information
9technology, either indirectly or through the use of state funds by
10other entities, shall comply with the accessibility requirements of
11Section 508 of the federal Rehabilitation Act of 1973, as amended
12(29 U.S.C. Sec. 794d), and regulations implementing that act as
13set forth in Part 1194 of Title 36 of the Federal Code of
14Regulations.

15(3) Any entity that contracts with a state or local entity subject
16to this section for the provision of electronic or information
17technology or for the provision of related services shall agree to
18respond to, and resolve any complaint regarding accessibility of
19its products or services that is brought to the attention of the entity.

20(e) As used in this section, “sex” and “sexual orientation” have
21the same meanings as those terms are defined in subdivisions (r)
22and (s) of Section 12926.

23(f) As used in this section, “race, national origin, ethnic group
24identification, religion, age, sex, sexual orientation, color, or
25disability” includes a perception that a person has any of those
26characteristics or that the person is associated with a person who
27has, or is perceived to have, any of those characteristics.

28(g) As used in this section, “genetic information” has the same
29definition as in paragraph (2) of subdivision (e) of Section 51 of
30the Civil Code.

31(h) As used in this section, “homeless status,” or “people
32experiencing homelessness” means those individuals or members
33 of families who lack a fixed, regular, and adequate nighttime
34residence.

35(i) As used in this section, “public space” means any property
36that is owned by any government entity or any property upon which
37there is an easement for public use and that is held open to the
38public, including, but not limited to, plazas, courtyards, parking
39lots, sidewalks, public transportation facilities and services, public
40buildings, shopping centers, and parks.

P9    1(j) As used in this section, “rest” means the state of not moving,
2holding certain postures that include, but are not limited to, sitting,
3standing, leaning, kneeling, squatting, sleeping, or lying. Rest also
4includes the act of protecting oneself from the elements, in a
5nonobstructive manner.

6(k) The Legislature finds and declares that people with a
7homeless status lack a private space to rest, and, therefore, they
8must rest in a public space.

9(l) It is the intent of the Legislature to protect the rights of all
10people, including those experiencing homelessness, in order to
11diminish the adverse effects of municipalities engaged in violating
12the fundamental right to rest.

13(m) In order to ensure full and equal access to the benefits and
14protections afforded by this section against discrimination in the
15administration of any program or activity conducted, operated, or
16administered by the state or any state agency funded directly by
17the state, or that receives any financial assistance from the state,
18no city, county, city and county, or municipal agency that receives
19state funds shall enact or enforce a law that bans resting in a public
20space, as defined in Part 2.2 (commencing with Section 53.8) of
21Division 1 of the Civil Code.

end delete
22

begin deleteSEC. 4.end delete
23begin insertSEC. 3.end insert  

Section 11139.2 is added to the Government Code, to
24read:

25

11139.2.  

To improve monitoring of discrimination based upon
26housing status and violations ofbegin delete Section 11135,end deletebegin insert Part 2.2
27(commencing with Section 53.8) of Division 1 of the Civil Code,end insert

28 and to ensure that people who are experiencing homelessness are
29not unlawfully denied full and equal access to the benefits of
30state-funded programs or assistance, or unlawfully subjected to
31discrimination, all applicants for the United States Department of
32Housing and Urban Development’s Continuum of Care Homeless
33Assistance Program shall annually provide to the Department of
34Housing and Community Development’s Division of Housing
35Policy Development a copy of its application for funding from the
36United States Department of Housing and Urban Development
37that includes the organization’s response to the application question
38regarding steps that its community is taking to reduce
39criminalization of homelessness.

P10   1

begin deleteSEC. 5.end delete
2begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
3this act contains costs mandated by the state, reimbursement to
4local agencies and school districts for those costs shall be made
5pursuant to Part 7 (commencing with Section 17500) of Division
64 of Title 2 of the Government Code.



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