Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1498 Compare Versions

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22 HOUSE DOCKET, NO. 4034 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1498
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michelle M. DuBois
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to limit criminalization of the homeless.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Michelle M. DuBois10th Plymouth1/17/2025 1 of 2
1616 HOUSE DOCKET, NO. 4034 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1498
1818 By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1498) of
1919 Michelle M. DuBois relative to homelessness. Housing.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act to limit criminalization of the homeless.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Subclause (ii) of clause (3) of subsection (a) of section 172 of chapter 6 of
2929 2the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the
3030 3following words:- ; provided, that the department shall not disclose to a requestor evaluating
3131 4applicants for rental or lease of housing any conviction or pending criminal offender record
3232 5information related solely to homeless camping, as defined in section 37 of chapter 23B.
3333 6 SECTION 2. Clause (7) of said subsection (a) of said section 172 of said chapter 6, as so
3434 7appearing, is hereby amended by inserting after the word “authorities” the following words:- ;
3535 8provided, that the department shall not disclose any conviction or pending criminal offender
3636 9record information related solely to homeless camping, as defined in section 37 of chapter 23B.
3737 10 SECTION 3. Chapter 23B of the General Laws is hereby amended by adding the
3838 11following section:- 2 of 2
3939 12 Section 37. The term “homeless camping” shall mean pitching, setting up, erecting or
4040 13occupying a temporary structure on public property for the purposes of maintaining a temporary
4141 14place to live out of financial necessity by a person who is undomiciled and unable to secure
4242 15permanent and stable housing.
4343 16 SECTION 4. Section 21 of chapter 40 of the General Laws, as appearing in the 2022
4444 17Official Edition, is hereby amended by adding the following paragraph:-
4545 18 No city or town shall pass a bylaw or ordinance that affixes a fine on a person for
4646 19homeless camping, as defined in section 37 of chapter 23B; provided, that a city or town may
4747 20pass a bylaw or ordinance that authorizes the removal of a person refusing to comply with a
4848 21lawful notice to vacate public property. No city or town shall require notification to the United
4949 22States Immigration and Customs Enforcement when a person is issued a citation, arrested or
5050 23removed for homeless camping.
5151 24 SECTION 5. Section 123 of chapter 266 of the General Laws, as so appearing, is hereby
5252 25amended by inserting after the word “months”, in line 13, the following words:- ; provided, that
5353 26a person engaging in homeless camping, as defined in section 37 of chapter 23B, shall not be
5454 27punished by any fine.
5555 28 SECTION 6. No city or town shall report a person’s late payment or nonpayment of fines
5656 29for homeless camping, as defined in section 37 of chapter 23B of the General Laws, to a credit
5757 30information bureau or other financial institution.