Illinois 2025-2026 Regular Session

Illinois House Bill HB1429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1429 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 775 ILCS 45/10 Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers. LRB104 06164 JRC 16198 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1429 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 775 ILCS 45/10 775 ILCS 45/10 Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers. LRB104 06164 JRC 16198 b LRB104 06164 JRC 16198 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1429 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3	3	775 ILCS 45/10 775 ILCS 45/10
4	4	775 ILCS 45/10
5	5	Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers.
6	6	LRB104 06164 JRC 16198 b LRB104 06164 JRC 16198 b
7	7	LRB104 06164 JRC 16198 b
8	8	A BILL FOR
9	9	HB1429LRB104 06164 JRC 16198 b HB1429 LRB104 06164 JRC 16198 b
10	10	HB1429 LRB104 06164 JRC 16198 b
11	11	1 AN ACT concerning human rights.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Bill of Rights for the Homeless Act is
15	15	5 amended by changing Section 10 as follows:
16	16	6 (775 ILCS 45/10)
17	17	7 Sec. 10. Bill of Rights.
18	18	8 (a) No person's rights, privileges, or access to public
19	19	9 services may be denied or abridged solely because he or she is
20	20	10 homeless. Such a person shall be granted the same rights and
21	21	11 privileges as any other citizen of this State. A person
22	22	12 experiencing homelessness has the following rights:
23	23	13 (1) the right to use and move freely in public spaces,
24	24	14 including but not limited to public sidewalks, public
25	25	15 parks, public transportation, and public buildings, in the
26	26	16 same manner as any other person and without discrimination
27	27	17 on the basis of his or her housing status;
28	28	18 (2) the right to equal treatment by all State and
29	29	19 municipal agencies, without discrimination on the basis of
30	30	20 housing status;
31	31	21 (3) the right not to face discrimination while
32	32	22 maintaining employment due to his or her lack of permanent
33	33	23 mailing address, or his or her mailing address being that
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1429 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
38	38	775 ILCS 45/10 775 ILCS 45/10
39	39	775 ILCS 45/10
40	40	Amends the Bill of Rights for the Homeless Act. Prohibits the State or a unit of local government from creating or enforcing policies or ordinances imposing fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property. Provides exceptions to maintain access to property or address risks to public health and safety. Creates a necessity defense for charges alleging violation of laws criminalizing life-sustaining activities while the individual was experiencing unsheltered homelessness. Defines terms. Limits the exercise of concurrent home rule powers.
41	41	LRB104 06164 JRC 16198 b LRB104 06164 JRC 16198 b
42	42	LRB104 06164 JRC 16198 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	775 ILCS 45/10
50	50
51	51
52	52
53	53	LRB104 06164 JRC 16198 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB1429 LRB104 06164 JRC 16198 b
64	64
65	65
66	66	HB1429- 2 -LRB104 06164 JRC 16198 b HB1429 - 2 - LRB104 06164 JRC 16198 b
67	67	HB1429 - 2 - LRB104 06164 JRC 16198 b
68	68	1 of a shelter or social service provider;
69	69	2 (4) the right to emergency medical care free from
70	70	3 discrimination based on his or her housing status;
71	71	4 (5) the right to vote, register to vote, and receive
72	72	5 documentation necessary to prove identity for voting
73	73	6 without discrimination due to his or her housing status;
74	74	7 (6) the right to protection from disclosure of his or
75	75	8 her records and information provided to homeless shelters
76	76	9 and service providers to State, municipal, and private
77	77	10 entities without appropriate legal authority; and the
78	78	11 right to confidentiality of personal records and
79	79	12 information in accordance with all limitations on
80	80	13 disclosure established by the federal Homeless Management
81	81	14 Information Systems, the federal Health Insurance
82	82	15 Portability and Accountability Act, and the federal
83	83	16 Violence Against Women Act; and
84	84	17 (7) the right to a reasonable expectation of privacy
85	85	18 in his or her personal property to the same extent as
86	86	19 personal property in a permanent residence.
87	87	20 (b) As used in this Act: ,
88	88	21 "Enforcing entity" means the State or a unit of local
89	89	22 government as well as their representatives.
90	90	23 "Housing housing status" means the status of having or not
91	91	24 having a fixed or regular residence, including the status of
92	92	25 living on the streets, in a shelter, or in a temporary
93	93	26 residence.
94	94
95	95
96	96
97	97
98	98
99	99	HB1429 - 2 - LRB104 06164 JRC 16198 b
100	100
101	101
102	102	HB1429- 3 -LRB104 06164 JRC 16198 b HB1429 - 3 - LRB104 06164 JRC 16198 b
103	103	HB1429 - 3 - LRB104 06164 JRC 16198 b
104	104	1 "Life-sustaining activities" includes, but are not limited
105	105	2 to, moving, resting, sitting, standing, lying down, sleeping,
106	106	3 protecting oneself from the elements, eating, drinking, and
107	107	4 storing such personal property as needed to shelter oneself.
108	108	5 "Unsheltered homelessness" means the status of not having
109	109	6 a fixed or regular residence, including the status of living
110	110	7 on the streets because of a lack of access to a legally
111	111	8 operated indoor shelter or other temporary residence that is
112	112	9 appropriate and safe.
113	113	10 "Notice" in this instance is met when:
114	114	11 Written notice: Notification by the enforcing entity
115	115	12 in a conspicuous location 7 days before enforcement at the
116	116	13 site of removal, including, but not limited to, at the
117	117	14 entrance of the area or near the site and if possible on
118	118	15 the belongings of the unsheltered person.
119	119	16 Verbal notice shall be provided if the enforcing
120	120	17 entity's representatives and persons subject to
121	121	18 enforcement are present at a location simultaneously
122	122	19 during the 7-day time period.
123	123	20 (c) Neither the State or any unit of local government may
124	124	21 establish or enforce ordinances or policies that include fines
125	125	22 or criminal penalties against people experiencing unsheltered
126	126	23 homelessness for occupying or engaging in life-sustaining
127	127	24 activities on public property.
128	128	25 (d) Subject to other provisions of this Act, the State or a
129	129	26 unit of local government may enforce ordinances, policies, or
130	130
131	131
132	132
133	133
134	134
135	135	HB1429 - 3 - LRB104 06164 JRC 16198 b
136	136
137	137
138	138	HB1429- 4 -LRB104 06164 JRC 16198 b HB1429 - 4 - LRB104 06164 JRC 16198 b
139	139	HB1429 - 4 - LRB104 06164 JRC 16198 b
140	140	1 procedures without fines or criminal penalties against people
141	141	2 experiencing unsheltered homelessness to maintain public
142	142	3 access to a property or address serious and imminent risks to
143	143	4 public health and safety.
144	144	5 (e) Unless the enforcing entity determines that there is
145	145	6 an emergency related to public access to a property or public
146	146	7 health and safety, before enforcing any such ordinances,
147	147	8 policies and procedures, the enforcing entity shall provide
148	148	9 notice, as defined under this Section, to persons subject to
149	149	10 the enforcement. All enforcement under this Section shall
150	150	11 comply with the Community Emergency Services and Support Act
151	151	12 and other sections of this Act. The enforcing entity shall
152	152	13 make, without limitation, a good faith effort to provide or
153	153	14 refer persons subject to enforcement with transportation,
154	154	15 social services, and other resources to remedy their immediate
155	155	16 shelter and long-term housing needs.
156	156	17 (f) In determining whether an actual emergency exists, the
157	157	18 enforcing entity shall declare an emergency only when there is
158	158	19 an imminent risk to individuals or community members that can
159	159	20 only be mitigated by requiring unsheltered individuals to move
160	160	21 themselves or their belongings. In emergencies, as much notice
161	161	22 as is practicable shall be provided. The enforcing entity
162	162	23 shall make, without limitation, a good faith effort to also
163	163	24 provide or refer persons subject to enforcement with
164	164	25 transportation, social services, and other resources to remedy
165	165	26 their immediate shelter and long-term housing needs.
166	166
167	167
168	168
169	169
170	170
171	171	HB1429 - 4 - LRB104 06164 JRC 16198 b
172	172
173	173
174	174	HB1429- 5 -LRB104 06164 JRC 16198 b HB1429 - 5 - LRB104 06164 JRC 16198 b
175	175	HB1429 - 5 - LRB104 06164 JRC 16198 b
176	176
177	177
178	178
179	179
180	180
181	181	HB1429 - 5 - LRB104 06164 JRC 16198 b