CALIFORNIA – Senator Sasha Renee Pérez introduced Senate Bill 634 that would stop governments from criminalizing homeless people for any act related to basic survival.
An “act related to basic survival” includes the possession of a tent or tarp, erection of a tent or tarp, eating or drinking, possessing and utilizing blankets or pillows, seeking shade, and other activities to protect oneself from the elements.
The bill would also prohibit punishing people who help a homeless person with any act related to basic survival.
According to the bill author, homelessness is a policy failure primarily caused by the unaffordability of housing in California, and not the result of personal failings of people experiencing homelessness.
“This housing crisis is the result of decades of failed housing policy, coupled with structural and institutional racism, and a lack of sufficient investment in affordable housing and other programs to address homelessness,” said the bill.
The bill allows governments to clear encampments and does not specify actions to take if a homeless person declines services.
Criminalization does not contribute to ending homelessness
If passed, SB 634 would limit the penalties (fines or jail time) that local and state governments can impose on people who are experiencing homelessness.
“Arresting, fining, and jailing people experiencing homelessness for the act of living outside and conducting life-sustaining activities does not contribute to ending their homelessness,” said the bill.
One study of San Francisco’s encampment sweeps found that criminalization “perpetuates homelessness” by “systematically [limiting] homeless people’s access to services, housing, and jobs, while damaging their health, safety, and well-being.”
The goal of the bill is to remove legal barriers that could make it harder for people to escape homelessness.
Newsom has threatened to without funding from cities that don’t clear encampments
Governor Gavin Newsom has recently made efforts to clear homeless encampments following the Supreme Court’s decision in City of Grants Pass v. Johnson which allows cities to enforce laws banning public camping, even if there are no available shelter beds.
In addition to issuing an executive order to clear encampments on state-owned property, Newsom has threatened to withhold state funding from cities that fail to act.
SB 634 is currently in the committee process.
To read the full bill visit https://trackbill.com/bill/california-senate-bill-634-homelessness-civil-and-criminal-penalties/2670582/
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