Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 634Introduced by Senator PrezFebruary 20, 2025 An act to add Sections 11145.1 and 53069.44 to the Government Code, relating to local government. homelessness.LEGISLATIVE COUNSEL'S DIGESTSB 634, as amended, Prez. Local government. Homelessness: civil and criminal penalties.The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Existing law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation.This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties. The bill would define various terms for these purposes.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.This bill would state the intent of the Legislature to enact legislation relating to local government.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) As of 2024, on any given night, over 187,000 people are experiencing homelessness in California, with data from the states Homeless Data Integration System showing over 308,000 people experiencing homelessness accessing services over the course of the year and many more at risk of homelessness.(2) Homelessness is a policy failure primarily caused by the unaffordability of housing in California, with over 1,000,000 extremely low income households spending more than one-half their income on rent, and not the result of personal failings of people experiencing homelessness. This housing crisis is the result of decades of failed housing policy, coupled with structural and institutional racism, and a lack of sufficient investment in affordable housing and other programs to address homelessness.(3) The solution to homelessness is affordable housing and robust supportive services, as demonstrated by years of peer-reviewed research.(4) Data from the fifth cycle of the Regional Housing Needs Assessment (RHNA) showed that jurisdictions in California needed to add over 277,000 housing units that are affordable to very low income households over the 2013 to 2024 assessment period to keep pace with the need for new housing, but jurisdictions statewide attained only 21 percent of that goal, permitting just over 57,000 units that are affordable to very low income households.(5) Data from the United States Department of Housing and Urban Developments Housing Inventory Count showed that in 2024, despite more than 300,000 people cycling through homelessness statewide, California had only 76,000 shelter beds and 79,000 units of permanent supportive housing.(6) Homelessness is disproportionately experienced by Black, Indigenous, and other groups in California that have experienced historical and continued discrimination, and excessive penalties related to homelessness contribute to and exacerbate the racist outcomes in housing and criminal justice.(7) Arresting, fining, and jailing people experiencing homelessness for the act of living outside and conducting life-sustaining activities does not contribute to ending their homelessness.(8) A growing body of research suggests that these responses to homelessness add additional barriers to ending someones homelessness, including causing people to lose touch with case managers, family, and friends seeking to assist them find housing.(9) These barriers also including missing work and losing needed income to get back into housing.(10) These barriers also include missing critical health care appointments that may contribute to deteriorating health.(11) These barriers also include loss of key property, including identification, birth certificates, and other documents that are needed to access subsidized housing, essential services, and public benefits.(12) These barriers also include financial penalties that can increase debt, damage credit, and result in bench warrants that result in additional jail time, all of which detracts from efforts to regain housing.(13) Criminalization also adds risks to the community-based service provider organizations and community members working with the population experiencing homelessness, hindering the responsiveness of both publicly funded and other community-based responses to end homelessness.(b) It is, therefore, the intent of the Legislature in enacting this act to limit penalties that local and state governments may pursue for the performance of acts related to experiencing homelessness, including conducting life-sustaining activities, for the purpose of removing hindrance to ending Californias homeless crisis.SEC. 2. Section 11145.1 is added to the Government Code, to read:11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. (b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.SEC. 3. Section 53069.44 is added to the Government Code, to read:53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.(b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public. (2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.(4) Local jurisdiction means a city, county, city and county, or special district.SEC. 4. The Legislature finds and declares that ensuring a compassionate, evidence-based approach to ending homelessness is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act, adding Section 53069.44 to the Government Code, applies to all cities, including charter cities.SECTION 1.It is the intent of the Legislature to enact legislation relating to local government.
Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 634Introduced by Senator PrezFebruary 20, 2025 An act to add Sections 11145.1 and 53069.44 to the Government Code, relating to local government. homelessness.LEGISLATIVE COUNSEL'S DIGESTSB 634, as amended, Prez. Local government. Homelessness: civil and criminal penalties.The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Existing law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation.This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties. The bill would define various terms for these purposes.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.This bill would state the intent of the Legislature to enact legislation relating to local government.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 26, 2025
Amended IN Senate March 26, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 634
Introduced by Senator PrezFebruary 20, 2025
Introduced by Senator Prez
February 20, 2025
An act to add Sections 11145.1 and 53069.44 to the Government Code, relating to local government. homelessness.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 634, as amended, Prez. Local government. Homelessness: civil and criminal penalties.
The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Existing law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation.This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties. The bill would define various terms for these purposes.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.This bill would state the intent of the Legislature to enact legislation relating to local government.
The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Existing law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation.
This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. The bill would similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties. The bill would define various terms for these purposes.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law provides for the formation and powers of various local governments, including counties and cities. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the sole and exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts.
This bill would state the intent of the Legislature to enact legislation relating to local government.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) As of 2024, on any given night, over 187,000 people are experiencing homelessness in California, with data from the states Homeless Data Integration System showing over 308,000 people experiencing homelessness accessing services over the course of the year and many more at risk of homelessness.(2) Homelessness is a policy failure primarily caused by the unaffordability of housing in California, with over 1,000,000 extremely low income households spending more than one-half their income on rent, and not the result of personal failings of people experiencing homelessness. This housing crisis is the result of decades of failed housing policy, coupled with structural and institutional racism, and a lack of sufficient investment in affordable housing and other programs to address homelessness.(3) The solution to homelessness is affordable housing and robust supportive services, as demonstrated by years of peer-reviewed research.(4) Data from the fifth cycle of the Regional Housing Needs Assessment (RHNA) showed that jurisdictions in California needed to add over 277,000 housing units that are affordable to very low income households over the 2013 to 2024 assessment period to keep pace with the need for new housing, but jurisdictions statewide attained only 21 percent of that goal, permitting just over 57,000 units that are affordable to very low income households.(5) Data from the United States Department of Housing and Urban Developments Housing Inventory Count showed that in 2024, despite more than 300,000 people cycling through homelessness statewide, California had only 76,000 shelter beds and 79,000 units of permanent supportive housing.(6) Homelessness is disproportionately experienced by Black, Indigenous, and other groups in California that have experienced historical and continued discrimination, and excessive penalties related to homelessness contribute to and exacerbate the racist outcomes in housing and criminal justice.(7) Arresting, fining, and jailing people experiencing homelessness for the act of living outside and conducting life-sustaining activities does not contribute to ending their homelessness.(8) A growing body of research suggests that these responses to homelessness add additional barriers to ending someones homelessness, including causing people to lose touch with case managers, family, and friends seeking to assist them find housing.(9) These barriers also including missing work and losing needed income to get back into housing.(10) These barriers also include missing critical health care appointments that may contribute to deteriorating health.(11) These barriers also include loss of key property, including identification, birth certificates, and other documents that are needed to access subsidized housing, essential services, and public benefits.(12) These barriers also include financial penalties that can increase debt, damage credit, and result in bench warrants that result in additional jail time, all of which detracts from efforts to regain housing.(13) Criminalization also adds risks to the community-based service provider organizations and community members working with the population experiencing homelessness, hindering the responsiveness of both publicly funded and other community-based responses to end homelessness.(b) It is, therefore, the intent of the Legislature in enacting this act to limit penalties that local and state governments may pursue for the performance of acts related to experiencing homelessness, including conducting life-sustaining activities, for the purpose of removing hindrance to ending Californias homeless crisis.SEC. 2. Section 11145.1 is added to the Government Code, to read:11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. (b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.SEC. 3. Section 53069.44 is added to the Government Code, to read:53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.(b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public. (2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.(4) Local jurisdiction means a city, county, city and county, or special district.SEC. 4. The Legislature finds and declares that ensuring a compassionate, evidence-based approach to ending homelessness is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act, adding Section 53069.44 to the Government Code, applies to all cities, including charter cities.SECTION 1.It is the intent of the Legislature to enact legislation relating to local government.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) As of 2024, on any given night, over 187,000 people are experiencing homelessness in California, with data from the states Homeless Data Integration System showing over 308,000 people experiencing homelessness accessing services over the course of the year and many more at risk of homelessness.(2) Homelessness is a policy failure primarily caused by the unaffordability of housing in California, with over 1,000,000 extremely low income households spending more than one-half their income on rent, and not the result of personal failings of people experiencing homelessness. This housing crisis is the result of decades of failed housing policy, coupled with structural and institutional racism, and a lack of sufficient investment in affordable housing and other programs to address homelessness.(3) The solution to homelessness is affordable housing and robust supportive services, as demonstrated by years of peer-reviewed research.(4) Data from the fifth cycle of the Regional Housing Needs Assessment (RHNA) showed that jurisdictions in California needed to add over 277,000 housing units that are affordable to very low income households over the 2013 to 2024 assessment period to keep pace with the need for new housing, but jurisdictions statewide attained only 21 percent of that goal, permitting just over 57,000 units that are affordable to very low income households.(5) Data from the United States Department of Housing and Urban Developments Housing Inventory Count showed that in 2024, despite more than 300,000 people cycling through homelessness statewide, California had only 76,000 shelter beds and 79,000 units of permanent supportive housing.(6) Homelessness is disproportionately experienced by Black, Indigenous, and other groups in California that have experienced historical and continued discrimination, and excessive penalties related to homelessness contribute to and exacerbate the racist outcomes in housing and criminal justice.(7) Arresting, fining, and jailing people experiencing homelessness for the act of living outside and conducting life-sustaining activities does not contribute to ending their homelessness.(8) A growing body of research suggests that these responses to homelessness add additional barriers to ending someones homelessness, including causing people to lose touch with case managers, family, and friends seeking to assist them find housing.(9) These barriers also including missing work and losing needed income to get back into housing.(10) These barriers also include missing critical health care appointments that may contribute to deteriorating health.(11) These barriers also include loss of key property, including identification, birth certificates, and other documents that are needed to access subsidized housing, essential services, and public benefits.(12) These barriers also include financial penalties that can increase debt, damage credit, and result in bench warrants that result in additional jail time, all of which detracts from efforts to regain housing.(13) Criminalization also adds risks to the community-based service provider organizations and community members working with the population experiencing homelessness, hindering the responsiveness of both publicly funded and other community-based responses to end homelessness.(b) It is, therefore, the intent of the Legislature in enacting this act to limit penalties that local and state governments may pursue for the performance of acts related to experiencing homelessness, including conducting life-sustaining activities, for the purpose of removing hindrance to ending Californias homeless crisis.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) As of 2024, on any given night, over 187,000 people are experiencing homelessness in California, with data from the states Homeless Data Integration System showing over 308,000 people experiencing homelessness accessing services over the course of the year and many more at risk of homelessness.(2) Homelessness is a policy failure primarily caused by the unaffordability of housing in California, with over 1,000,000 extremely low income households spending more than one-half their income on rent, and not the result of personal failings of people experiencing homelessness. This housing crisis is the result of decades of failed housing policy, coupled with structural and institutional racism, and a lack of sufficient investment in affordable housing and other programs to address homelessness.(3) The solution to homelessness is affordable housing and robust supportive services, as demonstrated by years of peer-reviewed research.(4) Data from the fifth cycle of the Regional Housing Needs Assessment (RHNA) showed that jurisdictions in California needed to add over 277,000 housing units that are affordable to very low income households over the 2013 to 2024 assessment period to keep pace with the need for new housing, but jurisdictions statewide attained only 21 percent of that goal, permitting just over 57,000 units that are affordable to very low income households.(5) Data from the United States Department of Housing and Urban Developments Housing Inventory Count showed that in 2024, despite more than 300,000 people cycling through homelessness statewide, California had only 76,000 shelter beds and 79,000 units of permanent supportive housing.(6) Homelessness is disproportionately experienced by Black, Indigenous, and other groups in California that have experienced historical and continued discrimination, and excessive penalties related to homelessness contribute to and exacerbate the racist outcomes in housing and criminal justice.(7) Arresting, fining, and jailing people experiencing homelessness for the act of living outside and conducting life-sustaining activities does not contribute to ending their homelessness.(8) A growing body of research suggests that these responses to homelessness add additional barriers to ending someones homelessness, including causing people to lose touch with case managers, family, and friends seeking to assist them find housing.(9) These barriers also including missing work and losing needed income to get back into housing.(10) These barriers also include missing critical health care appointments that may contribute to deteriorating health.(11) These barriers also include loss of key property, including identification, birth certificates, and other documents that are needed to access subsidized housing, essential services, and public benefits.(12) These barriers also include financial penalties that can increase debt, damage credit, and result in bench warrants that result in additional jail time, all of which detracts from efforts to regain housing.(13) Criminalization also adds risks to the community-based service provider organizations and community members working with the population experiencing homelessness, hindering the responsiveness of both publicly funded and other community-based responses to end homelessness.(b) It is, therefore, the intent of the Legislature in enacting this act to limit penalties that local and state governments may pursue for the performance of acts related to experiencing homelessness, including conducting life-sustaining activities, for the purpose of removing hindrance to ending Californias homeless crisis.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) As of 2024, on any given night, over 187,000 people are experiencing homelessness in California, with data from the states Homeless Data Integration System showing over 308,000 people experiencing homelessness accessing services over the course of the year and many more at risk of homelessness.
(2) Homelessness is a policy failure primarily caused by the unaffordability of housing in California, with over 1,000,000 extremely low income households spending more than one-half their income on rent, and not the result of personal failings of people experiencing homelessness. This housing crisis is the result of decades of failed housing policy, coupled with structural and institutional racism, and a lack of sufficient investment in affordable housing and other programs to address homelessness.
(3) The solution to homelessness is affordable housing and robust supportive services, as demonstrated by years of peer-reviewed research.
(4) Data from the fifth cycle of the Regional Housing Needs Assessment (RHNA) showed that jurisdictions in California needed to add over 277,000 housing units that are affordable to very low income households over the 2013 to 2024 assessment period to keep pace with the need for new housing, but jurisdictions statewide attained only 21 percent of that goal, permitting just over 57,000 units that are affordable to very low income households.
(5) Data from the United States Department of Housing and Urban Developments Housing Inventory Count showed that in 2024, despite more than 300,000 people cycling through homelessness statewide, California had only 76,000 shelter beds and 79,000 units of permanent supportive housing.
(6) Homelessness is disproportionately experienced by Black, Indigenous, and other groups in California that have experienced historical and continued discrimination, and excessive penalties related to homelessness contribute to and exacerbate the racist outcomes in housing and criminal justice.
(7) Arresting, fining, and jailing people experiencing homelessness for the act of living outside and conducting life-sustaining activities does not contribute to ending their homelessness.
(8) A growing body of research suggests that these responses to homelessness add additional barriers to ending someones homelessness, including causing people to lose touch with case managers, family, and friends seeking to assist them find housing.
(9) These barriers also including missing work and losing needed income to get back into housing.
(10) These barriers also include missing critical health care appointments that may contribute to deteriorating health.
(11) These barriers also include loss of key property, including identification, birth certificates, and other documents that are needed to access subsidized housing, essential services, and public benefits.
(12) These barriers also include financial penalties that can increase debt, damage credit, and result in bench warrants that result in additional jail time, all of which detracts from efforts to regain housing.
(13) Criminalization also adds risks to the community-based service provider organizations and community members working with the population experiencing homelessness, hindering the responsiveness of both publicly funded and other community-based responses to end homelessness.
(b) It is, therefore, the intent of the Legislature in enacting this act to limit penalties that local and state governments may pursue for the performance of acts related to experiencing homelessness, including conducting life-sustaining activities, for the purpose of removing hindrance to ending Californias homeless crisis.
SEC. 2. Section 11145.1 is added to the Government Code, to read:11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. (b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
SEC. 2. Section 11145.1 is added to the Government Code, to read:
### SEC. 2.
11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. (b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. (b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival. (b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
11145.1. (a) Notwithstanding any other law, a state agency shall not adopt any regulation or issue any policy or guidance, or enforce an existing regulation, policy, or guidance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.
(b) For purposes of this section, the following definitions apply:
(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.
(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.
(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
SEC. 3. Section 53069.44 is added to the Government Code, to read:53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.(b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public. (2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.(4) Local jurisdiction means a city, county, city and county, or special district.
SEC. 3. Section 53069.44 is added to the Government Code, to read:
### SEC. 3.
53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.(b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public. (2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.(4) Local jurisdiction means a city, county, city and county, or special district.
53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.(b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public. (2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.(4) Local jurisdiction means a city, county, city and county, or special district.
53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.(b) For purposes of this section, the following definitions apply:(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public. (2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.(4) Local jurisdiction means a city, county, city and county, or special district.
53069.44. (a) Notwithstanding any other law, a local jurisdiction shall not adopt a local ordinance, or enforce an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is assisting a person who is homeless with any act related to basic survival.
(b) For purposes of this section, the following definitions apply:
(1) Act immediately related to homelessness means standing, sitting, laying, or sleeping in a public place, including, but not limited to, a public street, public park, or other outdoor area that is open to the public.
(2) Act related to basic survival includes, but is not limited to, the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.
(3) Homeless has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(4) Local jurisdiction means a city, county, city and county, or special district.
SEC. 4. The Legislature finds and declares that ensuring a compassionate, evidence-based approach to ending homelessness is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act, adding Section 53069.44 to the Government Code, applies to all cities, including charter cities.
SEC. 4. The Legislature finds and declares that ensuring a compassionate, evidence-based approach to ending homelessness is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act, adding Section 53069.44 to the Government Code, applies to all cities, including charter cities.
SEC. 4. The Legislature finds and declares that ensuring a compassionate, evidence-based approach to ending homelessness is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 3 of this act, adding Section 53069.44 to the Government Code, applies to all cities, including charter cities.
### SEC. 4.
It is the intent of the Legislature to enact legislation relating to local government.