Public Act 098-0516
 
SB1210 EnrolledLRB098 07470 HEP 37540 b



    AN ACT in relation to homeless persons. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 





 
    Section 1. Short title.  This Act may be cited as the Bill 
of
Rights for the Homeless Act.


 
    Section 5. Legislative intent.   It is the long-standing 
policy of
this
State that no person should suffer unnecessarily 
from cold or
hunger, be
deprived of shelter or the basic rights 
incident to shelter, or be subject to unfair discrimination 
based on his or her homeless status.
At the present time, many 
persons have been rendered homeless as
a result
of economic 
hardship, a severe shortage of safe and affordable housing,
and

a shrinking social safety net.  It is
the intent of this
Act to 
lessen the adverse effects and conditions caused by the lack of

residence or a home.


 
    Section 10. Bill of
Rights. 
    (a) No person's rights, privileges, or access to
public 
services may be denied or abridged solely because he or she is

homeless.  Such a person shall be granted the same rights and 
privileges as
any
other citizen of this State.  A person 
experiencing homelessness has the following rights:


        (1) the right to use and move freely in public spaces, 
    including but not limited to

public sidewalks, public 
    parks, public transportation, and public buildings, in the 
    same manner as

any other person and without discrimination 
    on the basis of his or her housing status;

     
        (2) the right to equal treatment by all State and 
    municipal agencies, without

discrimination on the basis of 
    housing status;

     
        (3) the right not to face discrimination while 
    maintaining employment due

to his or her lack of permanent 
    mailing address, or his or her mailing address being that 
    of a

shelter or social service provider;

     
        (4) the right to emergency medical care free from 
    discrimination based on his or her

housing status;

     
        (5) the right to vote, register to vote, and receive 
    documentation necessary to prove

identity for voting 
    without discrimination due to his or her housing status;

     
        (6) the right to protection from disclosure of his or 
    her records and information

provided to homeless shelters 
    and service providers to State, municipal, and private 
    entities

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, and the federal 
    Violence Against Women Act; and

     
        (7)  the right to a reasonable expectation of privacy in 
    his or her personal property to

the same extent as personal 
    property in a permanent residence.




    (b)
As used in this Act, "housing status" means the status 
of
having or not having a fixed or regular residence, including

the status of living on the streets, in a shelter, or in a

temporary residence.



 
    Section 15. Damages and attorney's fees.  In any civil 
action alleging a violation of this

Act, the court may award 
appropriate injunctive and declaratory relief, actual damages, 
and

reasonable attorney's fees and costs to a prevailing 
plaintiff.


 

    Section 99. Effective date. This Act takes effect upon 
becoming law.