BILL ANALYSIS                                                                                                                                                                                                    Ķ



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 876            Hearing Date:    3/29/2016
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          |Author:   |Liu                                                   |
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          |Version:  |3/28/2016    Amended                                  |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Alison Dinmore                                        |
          |:         |                                                      |
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          SUBJECT:  Homelessness


            DIGEST:  This bill affords persons experiencing homelessness the  
          right to use public space without discrimination based on their  
          housing status and a civil remedy if their rights pursuant to  
          this bill are violated.  

          ANALYSIS:
          
          Existing law:

          1)Provides that no person shall be unlawfully denied full and  
            equal access to the benefits of, or discriminated under, any  
            program or activity that is conducted, operated, or  
            administered by the state or by any state agency, on the basis  
            of race, national origin, ethnic group identification,  
            religion, age, sex, sexual orientation, color, genetic  
            information, or disability.

          2)Provides that any person who lodges in any building,  
            structure, vehicle, or place, public or private, without the  
            permission of the owner or person entitled to the possession  
            or control of it shall be guilty of disorderly conduct, a  
            misdemeanor, punishable by imprisonment in the county jail not  
            exceeding six months, or by a fine not exceeding $1,000, or  
            both. 

          This bill:
          







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          1)Provides that persons experiencing homelessness shall be  
            permitted to use public space (specified below) at any time  
            that the public space is open to the public, without  
            discrimination based upon their housing status, and without  
            being subject to criminal, civil, or administrative penalties.  
             The intent of the Legislature is that this section shall be  
            interpreted broadly so as to prohibit policies or practices  
            that are discriminatory in either their purpose or their  
            effect.  Persons experiencing homelessness may use public  
            space including, but not limited to, all of the following: 
             a)   Free movement without restraint
             b)   Sleeping or resting, and protecting oneself from the  
               elements while sleeping or resting, in a non-obstructive  
               manner
             c)   Eating, sleeping, accepting, or giving food in a space  
               in which food is not otherwise generally prohibited
             d)   Praying, meditating, worshiping, or practicing religion

          1)Defines "public space" as any property that is owned by a  
            government entity or upon which there is an easement for  
            public use and that is held open to the public, including, but  
            not limited to, plazas, courtyards, parking lots, sidewalks,  
            public transportation facilities and services, public  
            buildings, shopping centers, and parks.  The ability to rest  
            shall not apply to a space during a time when it is closed to  
            all persons or when a fee is required for entry or use. 

          2)Defines "rest" as the state of not moving, holding certain  
            postures that include, but are not limited to, sitting,  
            standing, leaning, kneeling, squatting, sleeping, or lying.

          3)Provides that nothing in this bill shall prevent law  
            enforcement from enforcing laws to protect the right of people  
            to use the sidewalk pursuant to the federal Americans with  
            Disabilities Act.

          4)Provides that nothing in this bill shall prevent law  
            enforcement from enforcing the Penal Code, except Penal Code  
            Section 647(e) insofar as it prohibits rest.  This exception  
            would exempt a person from committing a misdemeanor if that  
            conduct is protected under this bill.  

          5)Provides that a person whose rights are violated pursuant to  
            this bill may enforce those rights in a civil action and may  
            be entitled to: injunctive and declaratory relief; restitution  








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            for loss of property or personal effects and belongings;  
            actual damages; compensatory damages; exemplary damages;  
            statutory damage of $1,000 per violation; and reasonable  
            attorney's fees and costs to a prevailing plaintiff. 

          6)Requires all applicants for the U.S. Housing and Urban  
            Development's (HUD) Continuum of Care Homeless Assistance  
            Program funds to annually provide the Department of Housing  
            and Community Development's Division for Housing Policy  
            Development (DHPD) a copy of its application for funding from  
            HUD that includes the organization's response to the  
            application question regarding steps that its community is  
            taking to reduce criminalization of homelessness.  DHPD shall  
            compile the information regarding community actions to reduce  
            criminalization of homelessness found in those applications  
            and provide an annual report to the Assembly Housing and  
            Community Development Committee and the Senate Transportation  
            and Housing Committee. 

          COMMENTS:

          1)Purpose.  The author states homelessness is the most severe  
            face of poverty.  California is the eighth largest economy in  
            the world, yet home to the nation's largest homeless  
            population.  This bill seeks to end the criminalization of the  
            non-criminal activities of life exercised by homeless people  
            by protecting the freedom of movement, sitting, standing,  
            lying, and sleeping, and clarifying that people shall have the  
            right to share food and practice religion in public in  
            California.  With poverty and homelessness reaching record  
            numbers in California, there has been a documented increase in  
            laws that target people without homes and impact the poor.   
            These anti-homeless laws - commonly referred to as "vagrancy,"  
            "quality of life," or "anti-nuisance" laws - deny people the  
            right to exist in public.  A survey of homeless people  
            conducted by the Western Region Advocacy Project revealed that  
            the majority of people without homes do not know of a safe  
            place to sleep at night where they would not be arrested. 

            A report published by United States Interagency Council on  
            Homelessness (US ICH), called "Searching out Solutions:  
            Constructive Alternatives to Criminalization," demonstrates  
            that enforcement of laws against resting is ineffective; it  
            does not increase business revenue or improve public  
            perception of the problem of homelessness.  These laws  








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            effectively make it harder for people to escape homelessness  
            because the resulting warrants, fines, and criminal records  
            make people ineligible for jobs and housing.  To that end, HUD  
            included additional points to applications for 2015 Continuum  
            of Care Program funding that include steps the community is  
            taking to reduce the criminalization of the homeless.  Cities  
            cannot continue to punish homeless individuals for engaging in  
            activities necessary for their survival.  Arresting or  
            ticketing the homeless creates a criminal record that can lead  
            to rejection for jobs, education loans, and housing, and  
            further blocks their pathway out of poverty.

          2)Factors contributing to homelessness.  Homelessness is the  
            most severe face of poverty.  According to HUD, California had  
            115,738 homeless people, or 21% of the nation's overall  
            homeless population, in January 2015.  California had the  
            highest rate of unsheltered homeless people at 64% and the  
            second largest increase of homeless persons at 1.6%.   
            California also had the largest numbers of unaccompanied  
            homeless children and youth and veterans, and over one-third  
            of the nation's chronically homeless population. 
            Contemporary homelessness began in the early 1980s due to  
            shifts in economic and social policy at the federal level,  
            such as dramatic cuts in affordable housing and other programs  
            designed to serve low-income people.  These economic and  
            social policies continue to contribute to homelessness today.   
            In addition, California's homelessness rates are exacerbated  
            by the state's lack of affordable housing and decreased  
            housing funding from the loss of statewide funding.  Rents  
            have risen to levels that make it difficult for low-wage  
            workers to find affordable rental units.  California has one  
            of the nation's highest rates of "poor renters," or people  
            that spend more than 50% of their income on rent. While most  
            homeless people in the U.S. lived in emergency shelters or  
            transitional housing in 2013, most homeless people in  
            California were unsheltered.  California's high housing costs  
            and shortage of shelters leave many homeless people with no  
            choice but to rest and sleep in public. 

          3)Data indicates vagrancy laws punish status, not behavior.   
            Researchers from the Policy Advocacy Clinic at the University  
            of California at Berkeley Law School identified and analyzed  
            more than 500 municipal laws that criminalize standing,  
            sitting, resting, sleeping, and sharing of food in public  
            places in its report "California's New Vagrancy Laws:  The  








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            Growing Enactment and Enforcement of Anti-Homeless Laws in the  
            Golden State."  The report found that the number of ordinances  
            targeting those behaviors rose with the increase in  
            homelessness following the sharp decline of federal funding  
            for affordable housing in the 1980s and again with the Great  
            Recession in 2008.  Researchers noticed a similar correlation  
            between arrests and the economy; arrests rose during times of  
            economic recessions and fell during rises in the economy.  The  
            report noted that these trends indicate that enforcement of  
            vagrancy ordinances increases in response to deteriorating  
            economic conditions and rising levels of homelessness.

            Since 2011, despite decreases in unemployment and reduced  
            impacts of the Great Recession, vagrancy arrests have  
            continued to trend upwards. Additionally, researchers found  
            that statewide arrests for these types of offenses rose by  
            77%, while arrests for drunkenness and disorderly conduct have  
            decreased by 16% and 48% respectively.  The report suggests  
            that homeless people are being punished for their status,  
            rather than their behavior.   

          4)Creating barriers to housing and other services.  The Western  
            Regional Advocacy Project (WRAP) led a survey effort  
            documenting homeless people's experiences with the criminal  
            justice system for survival-related crimes.  More than  
            three-quarters of survey respondents (78%) reported being  
            harassed, cited, or arrested by police officers for sleeping  
            outside.  Seventy-five percent reported the same for sitting  
            or lying down, and 76% for loitering or "hanging out."  Most  
            of the relevant laws are infractions, which generally do not  
            result in jail or prison time but do carry significant fines.   
            Due to an inability to pay fines or make a court appearance,  
            57% reported bench warrants for their arrest.

            Arrests and criminal records create a significant barrier to  
            employment.  For those who are working, an arrest or  
            associated court appearances can cost them their jobs.   
            Involvement with the criminal justice system often limits a  
            person's eligibility for public programs, cutting them off  
            from the social safety net.  WRAP suggests that enforcement of  
            these laws ultimately does not address the root causes of  
            homelessness and could bar the homeless from accessing public  
            assistance, qualifying for public housing, and finding and  
            maintaining employment.   









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          5)Local costs?  Opponents argue that the enactment of this bill  
            will lead to increased local costs and loss of revenues  
            associated with maintenance and repair to public parks, public  
            facilities, and open spaces, and would impact businesses.  The  
            researchers at the Policy Advocacy Clinic at the UC Berkeley  
            Law School argue, however, that it might be more costly to  
            enforce these vagrancy laws.  In addition to time police  
            officers spend issuing citations, the justice system spends  
            time and money processing them.  In San Francisco alone, the  
            Superior Court processing costs for anti-homeless citations  
            was estimated at $4.10 per case in 2000, resulting in $77,900  
            in costs that year.  The San Francisco District Attorney's  
            office then spent $317,086 processing infractions and  
            misdemeanors that same year. 

            An analysis published by the US ICH analyzed cost studies of  
            homeless interventions conducted between 2004 and 2009 in  
            major U.S. cities, including Los Angeles and San Francisco,  
            and found that U.S. jurisdictions spend an average of $87 per  
            day to incarcerate an individual in a county jail, but only  
            $28 per day to offer shelter.  Further, programs that offer  
            housing and supportive services, such as Project 50 in Los  
            Angeles, realized a surplus after two years due to savings on  
            incarceration and medical services.  The researchers at the  
            Policy Advocacy Clinic at the UC Berkeley Law School conclude  
            that enforcement efforts may burden cities with significant  
            financial costs. 

          6)Right for homeless people to use public space.  This bill  
            would establish a right for a homeless person to use public  
            spaces in the same manner as any other person without  
            discrimination based upon their housing status and without  
            being subject to criminal, civil, or administrative penalties.  
             This bill does not preclude a local jurisdiction from  
            restrictions on use of public space, so long as those  
            restrictions do not treat homeless and non-homeless persons  
            differently.  For example, a city may impose time restrictions  
            on the use of a park, so long as the restriction is not  
            intended to target the homeless or is only being enforced  
            against them. 
            
            This bill also does not preclude law enforcement from  
            enforcing the California Penal Code or laws that protect the  
            right of people to use the sidewalk pursuant to the federal  
            Americans with Disabilities Act.  Further, a person whose  








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            rights have been violated may enforce those rights in a civil  
            action and be entitled to appropriate relief and damages,  
            including restitution and reasonable attorneys' fees.   

          7)Differences from SB 608.  This bill is similar to SB 608,  
            which was heard in the Senate Transportation and Housing  
            Committee last year.  The author's office made the following  
            changes to that bill to address concerns raised by members of  
            this committee and the opposition:

                 Deleted the definitions of "BID Agents," as the bill no  
               longer applies to them;
                 Deleted the definition of "harassment," as the bill no  
               longer applies to harassing behaviors;
                 Deletes the protection of people who are lawfully  
               occupying their car or recreational vehicle;
                 Clarifies the bill applies only to "public space," or  
               space held open to the public, and does not apply to public  
               space when it is closed to all persons or subject to a fee  
               for entry or use;
                 Clarifies that the bill does not prevent law enforcement  
               from enforcing laws to protect the rights of people to use  
               the sidewalk pursuant to the federal Americans with  
               Disabilities Act;
                 Clarifies that the bill does not prevent law enforcement  
               from enforcing the California Penal Code, except insofar as  
               it prohibits rest in public space.  

          1)Opposition.  Opponents argue that this bill would preempt  
            local authority to address important issues affecting public  
            health and safety in public spaces and on property held open  
            to the public.  Further, opponents allege that this bill will  
            not help the problem and would instead undermine existing  
            efforts to address homelessness.   Instead, they propose  
            providing resources to provide permanent housing beds and  
            accompanying social services such as mental health treatment,  
            job training, and addiction counseling.  

          2)Double-referral.  The Senate Rules Committee has referred this  
            bill to both this committee and the Judiciary Committee.

          
          Related Legislation:

          SB 608 (Liu, 2015) - would have created the Right to Rest Act,  








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          which would afford persons experiencing homelessness the right  
          to use public space without discrimination based on their  
          housing status and a civil remedy if their rights pursuant to  
          the Act are violated.  This bill failed passage in the Senate  
          Transportation and Housing Committee. 

          AB 5 (Ammiano, 2014) - would have created the Homeless Person's  
          Bill of Rights and Fairness Act, which: 1) prohibited  
          discrimination against the homeless by public entities; 2)  
          provided that every person had the right to move freely, rest,  
          eat, accept or give food or water, and solicit donations in  
          public spaces; and 3) established the right to lawful  
          self-employment, confidentiality of specified records, and  
          assistance of legal counsel.  The bill also required the  
          Department of Public Health to fund the provision of health and  
          hygiene centers for use by homeless persons in designated areas.  
           This bill was held on suspense in the Assembly Appropriations  
          Committee. 
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          March 23, 3016.)
          
            SUPPORT:  


          ACLU of California
          Affordable Homeless Housing Alternatives, Inc.
          Affordable Housing Network of Santa Clara County
          Alameda County Health Care for the Homeless Program  
             Consumer/Community Advisory Board
          Alchemist Community Development Corporation
          Alliance of White Antiracists Everywhere
          American Friends Service Committee
          Anti-Eviction Mapping Project
          Building Opportunities for Self-Sufficiency
          California Central Valley Journey for Justice
          California Church IMPACT

          California Civil Liberties Advocacy
          California Coalition for Women Prisoners








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          California Food Policy Advocates
          California Partnership
          California Partnership to End Domestic Violence
          Caduceus Justice
          Civic Center Roundtable
          Coalition on Homelessness San Francisco
          Community Homeless Alliance Ministry

          Compass Family Services
          Consumer Attorneys of California 
          Courage Campaign
          Critical Resistance Oakland
          Critical Resistance Los Angeles
          Denver Homeless Out Loud
          Disability Rights California
          East Bay Community Law Center
          Ella Baker Center for Human Rights
          Episcopal Community Services of San Francisco
          Faith in Action Bay Area
          Food Not Bombs
          Fort Collins Homeless Coalition

          Gray Panthers 
          Health Care for the Homeless - Sacramento
          H.O.M.E.L.E.S.S.
          Homeless Action Center

          Homeless Advocates for CHRIST
          Hospitality House
          Housing California
          Housing for All Alliance of Silicon Valley
          Housing Rights Committee of San Francisco
          Hunger Action Los Angeles 
          Humboldt Unitarian Universalist Fellowship Social Action  
               Committee
          The Instituto de Educacion Popular del Sur de California
          Justice Reform Coalition
          Larkin Street Youth Services
          Legal Services for Prisoners with Children
          Los Angeles Catholic Worker
          Jericho, a Voice for Justice
          Los Angeles Community Action Network
          Los Angeles Human Right to Housing Collective

          Los Angeles Poverty Department








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          Lawyers Committee for Civil Rights of The San Francisco Bay Area
          Manilatown Heritage Foundation
          Mission Neighborhood Resource Center
          Mutual Housing California
          National Association of Social Workers - California chapter
          National Coalition for the Homeless
          National Law Center on Homelessness & Poverty
          National Lawyers Guild - Sacramento Chapter
          People Organized for Westside Renewal
          Planting Justice
          Prison Activist Resource Center
          Resources for Independent Living
          Sacramento Homeless Organizing Committee
          Sacramento Housing Alliance
          Sacramento Hunger Coalition
          Sacramento Loaves and Fishes
          Sacramento Regional Coalition to End Homelessness
          Safe Ground Sacramento
          San Francisco Tenants Union
          Senior & Disability Action
          Silicon Valley De-Bug

          St. Anthony Foundation
          St. James Infirmary
          St. Mary's Center
          Stop LAPD Spying Coalition
          Street Spirit
          Suitcase Clinic
          Tenants Together
          Transition Albany
          United Coalition East Prevention Project
          Venice Community Housing Corporation
          Veterans Democratic Club of Sacramento County
          Watts Labor Community Action Committee

          Western Center on Law & Poverty, Inc.
          Western Regional Advocacy Project
          Women Organizing Resources, Knowledge and Services
          149 individuals

          OPPOSITION:

          Advanced Knitting Mills, Inc.

          Alameda; City of 








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          Albany; City of

          Alhambra; City of

          American Planning Association, California Chapter

          Antioch; City of
          Association of California Cities - Orange County

          Azusa City Council

          Bellflower; City of

          Buena Park; City of

          Building Owners and Managers Association of California

          California Apartment Association
          California Business Properties Association
         
          California Chamber of Commerce

          California Downtown Association

          California Police Chiefs Association
          California State Sheriffs' Association

          California Travel Association 
          Carpinteria; City of

          Carson; City of

          Cathedral City; City of
          Central City Association of Los Angeles
          Central City East Association

          Chino Hills; City of

          Civil Justice Association of California

          Clayton; City of

          Clearlake; City of









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          Cloverdale; City of

          Colton; City of

          Commercial Real Estate Development Association 

          Concord; City of
          Covina; City of

          Danville; City of
          Del Paso Blvd Partnership

          Desert Hot Springs; City of

          Diamond Bar; City of

          Downey; City of
          Downtown Long Beach Associates

          Downtown Pomona Owners Association

          Downtown Sacramento Partnership

          Dublin; City of

          El Cajon; City of
          Farmersville; City of

          Fortuna; City of
          Fountain Valley; City of

          Fowler; City of

          Fremont; City of

          Glendora; City of

          Greater Merced Chamber of Commerce
          Greenfield; City of
          Harold Markey and Son

          Hayward; City of

          Highland; City of
          Hollywood Property Owners Alliance








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          Huntington Park; City of

          Imperial Beach; City of

          Indian Wells; City of

          Indio; City of
          Inner-City Arts

          International Council of Shopping Centers

          La Caņada Flintridge; City of
          LA Fashion District

          La Habra; City of

          La Mirada; City of

          La Quinta; City of

          Laguna Beach; City of

          Lake Elsinore; City of

          Lakeport; City of
          Lakewood; City of
          Leadership of Mt. Shasta

          League of California Cities

          League of California Cities, Los Angeles County Division
          Lincoln; City of
          Little Tokyo Lofts

          Livermore; City of

          Lodi; City of
          Long Beach; City of
          Los Angeles Area Chamber of Commerce
          Los Angeles Cold Storage Company

          Los Banos; City of
          Malibu; City of
          Manteca Chamber of Commerce








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          Marin County Council of Mayors and Council Members 

          Martinez; City of
          Mayors' and Councilmembers Association of Sonoma County

          Merced; City of

          Montclair; City of

          Moraga; City of

          Mt. Shasta; City of
          Murrieta; City of

          Napa; City of

          Needles; City of

          Newark; City of

          Norwalk; City of

          Oakdale; City of

          Ontario; City of

          Pacific Grove; City of

          Palmdale; City of

          Palm Springs; City of

          Palos Verdes Estates; City of

          Paradise; Town of

          Paramount; City of
          Peace Officers Research Association of California

          Pepper Spray Times
          Pomona; City of
          Prospect Enterprises, Inc.

          Rancho Cordova; City of








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          Rancho Cucamonga; City of
          Redding; City of
          Richmond; City of

          The River District

          Riverside; City of

          Riverside Downtown Partnership

          Rocklin; City of

          Rosemead; City of

          Sacramento; City of
          Sacramento Downtown Partnership

          Salinas; City of
          Samdae Enterprises, Inc.

          San Clemente; City of

          San Fernando; City of

          San Gabriel; City of

          San Joaquin County Board of Supervisors

          San Juan Bautista; City of
          City of San Juan Capistrano

          San Luis Obispo; City of

          San Marino; City of

          San Rafael; City of

          Sand City; City of
          Santa Ana; City of
          Santa Barbara; County of

          Santa Monica; City of

          Scotts Valley; City of








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          Sea Win, Inc.

          Selma; City of

          Signal Hill; City of

          Sonora; City of
          South Park Business Improvement District

          South Pasadena; City of
          Southwest California Legislative Council 
          Studio Liliana Becerra, Inc.
          Sunnyvale; City of
          Susanville; City of
          Tashdjian Holdings LLC

          Temecula; City of

          Thousand Oaks; City of

          Torrance; City of

          Tracy; City of

          Tuolumne County Board of Supervisors
          Tuolumne County Chamber of Commerce

          Turlock; City of
          Umeya Inc.

          Union City; City of

          Venice Stakeholders Association
          Veteran Company

          Villa Park; City of
          Visalia; City of

          Vista; City of

          Waterford; City of

          Watsonville; City of
          West Coast Industries, Inc.









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          West Covina; City of

          Whittier; City of
          Yamasa Enterprises

          Yucaipa; City of
          Three individuals



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