53.1.
For purposes of this part, the following definitions shall apply: (a)“Access,” as applied to an existing facility, service, or public space means the ability and permission to enter and make use of the facility, service, or public space. Otherwise, “access” means the offering or availability of a facility or service.
(b)
(a) “BID” means a business improvement district, as established under Chapter 2 (commencing with Section 36520) of Part 6 of Division 18 of, or Chapter 2 (commencing with Section 36620) of Part 7 of Division 18 of, the Streets and Highways Code, or any public-private partnership established under any municipal or county law authorized under Chapter 1 (commencing with Section 36500) of Part 6 of Division 18 of, or Chapter 1 (commencing with Section 36600) of Part 7 of Division 18 of, the Streets and Highways Code, whether or not the phrase “business improvement district” is part of the public-private partnership’s name.
(c)
(b) “BID agent” means any person hired by a BID or any other public-private partnership similar to a business improvement district.
(d)“Damages” means, but is not limited to, losses.
(e)
(c) “Harassment” means any behavior
that
is meant to intimidate or otherwise persuade an individual to alter his or her behavior, whether or not otherwise lawful. a knowing and willful course of conduct by law enforcement, public or private security personnel, or a BID agent directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing a person.
(f)
(d) “Homeless persons” or “homeless people” means those individuals or families lacking
who lack or are perceived to lack a fixed, regular, and adequate nighttime residence, or having who have a primary nighttime residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation, in a substandard apartment, dwelling, staying temporarily with friends or families, or staying in transitional housing programs or habitation. “Homeless” also means a person whose only residence is a residential hotel or who is residing anywhere
without tenancy rights, and families with children staying in a residential hotel whether or not they have tenancy rights.
(g)“Housing status” means the status of having or not having a fixed or regular residence, including the status of living outdoors, in a vehicle, or in a homeless shelter, or similar temporary residence or elsewhere in the public domain.
(h)“Lack of permanent mailing address” means the absence of an address fixed to a permanent
home, and may include, but is not limited to, post office boxes, addresses of friends or family members, and shelter addresses.
(i)“Lawful representative” means any person who has been asked to advocate on behalf of a person or any class that a person identifies with, including, but not limited to, a homeless person’s
retained attorney, a nonprofit organization that advocates on behalf of homeless persons, or a prosecuting attorney upon the request of a homeless person.
(j)“Losses” means, but is not limited to, any deprivation of constitutionally held rights as well as the loss of property or physical and mental wellbeing.
(k)“Low income” is defined as income at or lower than twice the federal poverty level as established by the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.
(l)“Public service” means any program or activity that is conducted, operated, or administered by the state, any state agency, or local government agency, is funded directly by the state or any local government, or received any financial assistance from the state or any local government.
(m)
(e) “Public space” means any space property that is predominantly within the public domain or owned by any state or local government entity or upon which there is an easement for public use and that is held open to the public, including, but not limited to, plazas, courtyards, parking lots, sidewalks, public transportation, public buildings and parks. “Public space” may also refer to those places that receive additional services through
BIDs or other, similar public-private partnerships. does not include a private business establishment.
(n)
(f) “Rest” means the state of not moving, holding certain postures that include, but are not limited to, sitting, standing, leaning, kneeling, squatting, sleeping, or lying.
(o)
(g) “Soliciting donations” means asking for food, water, or money, which includes panhandling.
53.2.
(a) The existence of homelessness requires that fundamental rights that are amply protected in the home and in private places be extended to the public domain to ensure the equal rights of all Californians, homeless and housed. Every homeless person in the state, regardless of actual or perceived housing status, low income, sexual orientation, gender identity, citizenship, or immigration status,
state shall have the right to
all of the following basic human rights and legal and civil protections, except when prohibited by federal law:(1) The right to move freely in the same manner as any other person in public spaces, including, but not limited to, plazas, parking lots, public sidewalks, public parks, public transportation, public streets, and public buildings, in the same manner as any other person, and without discrimination spaces without being subject to criminal or civil sanctions, harassment or arrest by law enforcement, public or private security personnel, or BID agents
because he or she is homeless.
(2) The right to rest and sleep in a public spaces space in the same manner as any other person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents because he or she is homeless, as long as such
that rest does not maliciously or substantially obstruct a passageway.
(3)The right to set down or leave at rest personal property in public spaces without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private
security personnel, or BID agents, as long as that personal property does not maliciously or substantially obstruct a passageway, or the possession or placement of that personal property does not deny another of the right to property. This includes the right to restitution for loss of property or personal effects and belongings if the property or personal effects are confiscated, removed, damaged, or destroyed by law enforcement, public or private security personnel, or BID agents in violation of this paragraph or any other protections of property provided under state or federal law.
(4)
(3) The
right to
eat, share, accept, or give food or water in public spaces in the same manner as any other person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents because he or she is homeless.
(4) The right to solicit donations in public spaces in the same manner as any other person without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private
security personnel, or BID agents because he or she is homeless.
(5) The right to the same protections that law enforcement agencies afford to the general public any other person, including, but not limited to, the right to reasonable protection from assault, domestic violence, sexual assault, or robberies.
(6) The right to sleep, sit, lie down, stand, eat, solicit donations, or share food in a public place or in a vehicle rest
in a public place
space, without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents, except that law enforcement may enforce existing local laws if all of the following are true: (1) the person’s county of residence maintains 12 months per year of nonmedical assistance provided for in Section 17000 of the Welfare and Institutions Code for employable, able-bodied adults without dependents who are compliant with program rules established by the county, including work requirements; (2) the locality is not a geographical area identified by the United States Department of Labor in accordance with Subpart A of Part 654 of Section 20 of the Code of Federal Regulations as an area of concentrated
unemployment or underemployment or an area of labor surplus; and (3) the public housing waiting list maintained by the county contains fewer than 50 persons.
(7) The right to be self-employed engage in lawful self-employment in the same manner as any other person, including, but not limited to, the right to seek self-employment in junk removal and recycling that requires the collection, possession, redemption, and storage of goods for reuse and recycling, without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents
because he or she is homeless.
(8) The right to pray, meditate, or practice religion in public spaces in the same manner as any other person, without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents because he or she is homeless.
(9) The right to decline admittance to a public or private shelter or any other accommodation, including social services programs, for any reason he or she sees fit, without facing
being subject to criminal or civil sanctions, harassment, or arrest, or threats of these actions, arrest from law enforcement, public or private security personnel, or BID agents.
(10) The right to occupy a motor vehicle, as defined in Section 415 of the Vehicle Code, or recreational vehicle, as defined in Section 18010 of the Health and Safety Code, either to rest, sleep, or use for the purposes of shelter, provided that the vehicle is legally parked on public property, without facing
being subject to criminal or civil sanctions, harassment, or arrest, or
threats of these actions, arrest from law enforcement, public or private security personnel, or BID agents.
(11)If the person is a child or youth, the right to state enforcement of the educational protections under the federal McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with regard to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) of Title 42 of the United States Code, which provide that a school shall provide assistance to the parent or guardian of each homeless child or youth (or, in the case of an unaccompanied youth, the youth) to exercise the right to attend the parent’s or guardian’s (or youth’s) choice of
school, and a school shall coordinate with the local educational agency with jurisdiction for the school selected by the parent or guardian (or youth), to provide transportation and other necessary services.
(12)
(11) The right to be protected from disclosure confidentiality of his or her records and information from
by homeless shelters, medical centers, schools, or any other publicly funded human service provider to law enforcement agencies without appropriate legal authority, and the right to confidentiality of personal records and information in accordance with all limitations on disclosure established by the federal Homeless Management Information Systems, the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), and the federal Violence Against Women Act (Public Law 103-322), employers, or landlords, except that the records or information may be disclosed if the
disclosure is based on appropriate legal authority. Disclosure of an individual’s records or information shall not be allowed unless the individual received oral and written notice of the legal authority to disclose this information and the individual’s right to opt out of having the records or information disclosed.
(13)The right to confidentiality of personal records regarding housing status, income level, mental illness, physical disability, sexual orientation, gender identity, citizenship, or immigration status, and to protection from disclosure of the information and records to landlords and employers.
(14)
(12) (A) If The right to assistance of counsel, if a county chooses to initiate judicial proceedings subject to Section 40508 of the Vehicle Code, Section 853.6, 853.7, or 853.8 of the Penal Code, or any similar law authorizing arrest for failure to appear or pay bail of the amount listed on the notice to appear, the defendant shall be guaranteed the right to assistance of counsel under any law set
forth in Section 53.5. The accused shall be advised of this right to counsel before entering a plea, and any waiver of this right shall be explicit. If the district attorney’s office or its agent is representing the state in any part of an infraction proceeding, the accused shall have the right to assistance of counsel with regard to that infraction.
(B) The county where the citation was issued shall pay the cost of providing counsel under this section paragraph.
(C)A county shall not use penalties under Section 1214.1 of the Penal Code or any other civil assessment scheme in the prosecution of municipal infractions unless the defendant was the driver of a vehicle.
(15)The right to assistance of counsel in any civil or criminal proceeding that may result in commitment to a public health institution.
(16)The right to be free from arbitrary arrest, detention, or deportation,
handed over to another law enforcement agency, or deported, without guarantees necessary for his or her timely defense.
(b)
(C) This section paragraph shall not be construed to eliminate any protection or right to representation available under Sections 5365 and 6500 of the Welfare and Institutions Code or any other provision of law.
53.5.
(a) To ensure equitable and cost-effective enforcement of the Homeless Person’s Bill of Rights and Fairness Act (Ch.____, Stats. 2013), every local law enforcement agency shall annually compile and review the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following:(1) Obstructing a sidewalk, whether by a person or personal property.
(2) Loitering.
(3) Sitting.
(4) Lying down.
(5) Camping.
(6) Public lodging, including the prohibition specified in subdivision (e) of Section 647 of the Penal Code.
(7) Sleeping in a public place.
(8) Soliciting donations.
(9) Soliciting donations at certain restricted locations, including citing people for panhandling under Section 22520.5 of the Vehicle Code.
(10) Bathing in public places.
(11) Sharing or receiving food.
(12) Inhabiting or sleeping in a vehicle.
(13) Violating public park closure laws.
(14) Crossing streets or highways at particular locations, including subdivisions (c) and (d) of Section 21451 of, subdivision (d) of Section 21453 of, subdivision (b) of Section 21456 of, Section 21461.5 of, subdivision (b) of Section 21950 of, Section 21954 of, Section 21955 of, and subdivision (a) of Section 21956 of, the Vehicle Code.
(15) Trespassing, unless the trespassing charge is coupled with any misdemeanor or felony, except those misdemeanors that are included in Section 372 of, and subdivisions (h) to (j), inclusive, and subdivisions (l) and (m), of Section 602 of, the Penal Code.
(16) Failing
to appear, pay a fine, post bail, or comply with a condition of a court order, as described in Section 40508 of the Vehicle Code or Section 853.6, 853.7, or 853.8 of the Penal Code.
(16)
(17) Any other local or state law enforced against homeless persons and identified by the Attorney General’s office, or a city attorney’s office, or any nonprofit organization whose work or mission includes assistance to research about, or advocate for, poor and homeless people
office.
(b) A local law enforcement agency shall make this information publicly available under the terms set forth in the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(c) A local law enforcement agency shall report the information specified in this section to the Attorney General’s office on an annual basis.