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2 | 2 | | HOUSE DOCKET, NO. 4034 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1498 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michelle M. DuBois |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to limit criminalization of the homeless. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 4034 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1498 |
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18 | 18 | | By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1498) of |
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19 | 19 | | Michelle M. DuBois relative to homelessness. Housing. |
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20 | 20 | | The Commonwealth of Massachusetts |
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21 | 21 | | _______________ |
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22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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23 | 23 | | (2025-2026) |
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24 | 24 | | _______________ |
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25 | 25 | | An Act to limit criminalization of the homeless. |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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27 | 27 | | of the same, as follows: |
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28 | 28 | | 1 SECTION 1. Subclause (ii) of clause (3) of subsection (a) of section 172 of chapter 6 of |
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29 | 29 | | 2the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the |
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30 | 30 | | 3following words:- ; provided, that the department shall not disclose to a requestor evaluating |
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31 | 31 | | 4applicants for rental or lease of housing any conviction or pending criminal offender record |
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32 | 32 | | 5information related solely to homeless camping, as defined in section 37 of chapter 23B. |
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33 | 33 | | 6 SECTION 2. Clause (7) of said subsection (a) of said section 172 of said chapter 6, as so |
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34 | 34 | | 7appearing, is hereby amended by inserting after the word “authorities” the following words:- ; |
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35 | 35 | | 8provided, that the department shall not disclose any conviction or pending criminal offender |
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36 | 36 | | 9record information related solely to homeless camping, as defined in section 37 of chapter 23B. |
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37 | 37 | | 10 SECTION 3. Chapter 23B of the General Laws is hereby amended by adding the |
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38 | 38 | | 11following section:- 2 of 2 |
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39 | 39 | | 12 Section 37. The term “homeless camping” shall mean pitching, setting up, erecting or |
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40 | 40 | | 13occupying a temporary structure on public property for the purposes of maintaining a temporary |
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41 | 41 | | 14place to live out of financial necessity by a person who is undomiciled and unable to secure |
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42 | 42 | | 15permanent and stable housing. |
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43 | 43 | | 16 SECTION 4. Section 21 of chapter 40 of the General Laws, as appearing in the 2022 |
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44 | 44 | | 17Official Edition, is hereby amended by adding the following paragraph:- |
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45 | 45 | | 18 No city or town shall pass a bylaw or ordinance that affixes a fine on a person for |
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46 | 46 | | 19homeless camping, as defined in section 37 of chapter 23B; provided, that a city or town may |
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47 | 47 | | 20pass a bylaw or ordinance that authorizes the removal of a person refusing to comply with a |
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48 | 48 | | 21lawful notice to vacate public property. No city or town shall require notification to the United |
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49 | 49 | | 22States Immigration and Customs Enforcement when a person is issued a citation, arrested or |
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50 | 50 | | 23removed for homeless camping. |
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51 | 51 | | 24 SECTION 5. Section 123 of chapter 266 of the General Laws, as so appearing, is hereby |
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52 | 52 | | 25amended by inserting after the word “months”, in line 13, the following words:- ; provided, that |
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53 | 53 | | 26a person engaging in homeless camping, as defined in section 37 of chapter 23B, shall not be |
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54 | 54 | | 27punished by any fine. |
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55 | 55 | | 28 SECTION 6. No city or town shall report a person’s late payment or nonpayment of fines |
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56 | 56 | | 29for homeless camping, as defined in section 37 of chapter 23B of the General Laws, to a credit |
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57 | 57 | | 30information bureau or other financial institution. |
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