California Legislation Aims to Eliminate Fines and Jail Time for Homeless Individuals Engaging in ‘Basic Survival’ Actions
According to the bill, this encompasses sleeping in public areas, setting up tents, or using blankets and pillows.
Lawmakers in California are deliberating a proposal that would prevent local and state authorities from penalizing homeless individuals for actions deemed necessary for survival, including penalties such as jail time or fines.
The proposal aims to bar local governments from creating or enforcing laws that punish homeless individuals or those who assist them for “any act directly related to homelessness or any act linked to basic survival.”
This covers activities such as standing, sitting, lying down, or sleeping in public spaces, setting up tents or tarps, consuming food or beverages in public, using blankets and pillows, seeking shade, and other related actions, as specified in the bill’s text.
Additionally, it would stop any state agency from imposing such penalties.
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By addressing homelessness as a “statewide concern” rather than a local one, the bill would be applicable to all cities, including charter cities.
The U.S. Supreme Court ruled in June 2024 during the case of Grants Pass v. Johnson that local governments did not breach the U.S. Constitution by enforcing laws that penalize public sleeping and camping.
“This executive order instructs state agencies to act quickly to address dangerous encampments while providing support and aid to those living in them, and offers guidance for cities and counties to follow suit,” Newsom commented in his statement at the time.
This left officials “without the necessary tools or guidance to tackle the crisis on their streets,” as noted in Newsom’s order.
According to the department, California hosts nearly 25 percent of the nation’s homeless population.
This report includes contributions from Travis Gillmore.
