Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0797 Compare Versions

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

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5	5	2025 -- S 0797
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7	7	LC001787
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS
16	16	Introduced By: Senators Murray, DiMario, Mack, Ciccone, Bissaillon, Kallman,
17	17	Valverde, Acosta, and Bell
18	18	Date Introduced: March 14, 2025
19	19	Referred To: Senate Housing & Municipal Government
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 34-37.1-3 and 34-37.1-4 of the General Laws in Chapter 34-37.1 1
24	24	entitled "Homeless Bill of Rights" are hereby amended to read as follows: 2
25	25	34-37.1-3. Bill of Rights. 3
26	26	No person’s rights, privileges, or access to public services may be denied or abridged solely 4
27	27	because he or she is homeless. Such a person shall be granted the same rights and privileges as any 5
28	28	other resident of this state. A person experiencing homelessness: 6
29	29	(1) Has the right to use and move freely in public spaces, including, but not limited to, 7
30	30	public sidewalks, public parks, public transportation and public buildings, in the same manner as 8
31	31	any other person, and without discrimination on the basis of his or her housing status; 9
32	32	(2) Has the right to equal treatment by all state and municipal agencies, without 10
33	33	discrimination on the basis of housing status; 11
34	34	(3) Has the right not to face discrimination while seeking or maintaining employment due 12
35	35	to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter 13
36	36	or social service provider; 14
37	37	(4) Has the right to emergency medical care free from discrimination based on his or her 15
38	38	housing status; 16
39	39	(5) Has the right to live in clean and sanitary conditions, including having access to trash 17
40	40	receptacles and toilet facilities (portable or permanent); 18
41	41	(6) Has the right to collaborate with outreach and available social workers; 19
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45	45	(5)(7) Has the right to vote, register to vote, and receive documentation necessary to prove 1
46	46	identity for voting without discrimination due to his or her housing status; 2
47	47	(6)(8) Has the right to protection from disclosure of his or her records and information 3
48	48	provided to homeless shelters and service providers to state, municipal and private entities without 4
49	49	appropriate legal authority; and the right to confidentiality of personal records and information in 5
50	50	accordance with all limitations on disclosure established by the Federal Homeless Management 6
51	51	Information Systems, the Federal Health Insurance Portability and Accountability Act, and the 7
52	52	Federal Violence Against Women Act; and 8
53	53	(7)(9) Has the right to a reasonable expectation of privacy in his or her personal property 9
54	54	to the same extent as personal property in a permanent residence. 10
55	55	34-37.1-4. Damages and attorney’s fees Damages, attorney's fees and fines. 11
56	56	(a) In any civil action alleging a violation of this chapter, the court may award appropriate 12
57	57	injunctive and declaratory relief, actual damages, and reasonable attorney’s fees and costs to a 13
58	58	prevailing plaintiff. 14
59	59	(b) An aggrieved individual or organization, that is charted for the purpose of safeguarding 15
60	60	individual civil liberties or combatting homelessness, shall have the right to bring a civil action in 16
61	61	the superior court to enforce the provisions of this chapter. 17
62	62	(c) Any person intentionally violating any right recognized in this chapter shall be fined 18
63	63	five hundred dollars ($500) per violation. 19
64	64	(d) All fines collected shall be utilized for housing stabilization services or to address other 20
65	65	issues related to homelessness. 21
66	66	SECTION 2. Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is 22
67	67	hereby amended by adding thereto the following sections: 23
68	68	34-37.1-7. Written policies required. 24
69	69	(a) All police and public works departments shall adopt written policies and procedures 25
70	70	necessary to ensure that their respective departments fully comply with all requirements of this 26
71	71	chapter. 27
72	72	(b) Every police department policy established pursuant to the provisions of this section 28
73	73	shall recognize the reasonable expectation of privacy that a homeless person has in their tent. 29
74	74	Pursuant to the policy, no tent occupied by a homeless person shall be subject to an unreasonable 30
75	75	search. 31
76	76	34-37.1-8. Encampments. 32
77	77	(a) Prior to any enforcement action to relocate or vacate persons occupying an encampment 33
78	78	located on public property, at least sixty (60) days notice to vacate shall be provided to persons 34
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82	82	staying in the encampment. 1
83	83	(b) Reasonable alternatives for relocation shall be made available to all person occupying 2
84	84	the encampment in collaboration with outreach and other available social workers, prior to any 3
85	85	enforcement action conducted pursuant to the provisions of subsection (a) of this section. 4
86	86	SECTION 3. This act shall take effect upon passage. 5
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93	93	EXPLANATION
94	94	BY THE LEGISLATIVE COUNCIL
95	95	OF
96	96	A N A C T
97	97	RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS
98	98	***
99	99	This act would update the Homeless Bill of Rights to add rules governing encampments, 1
100	100	including the right to clean and sanitary conditions and impose penalties for violations of the rights 2
101	101	set forth in this chapter in the amount of five hundred dollars ($500) per violation. 3
102	102	This act would take effect upon passage. 4
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