HB1429ham001 104TH GENERAL ASSEMBLY

Rep. Kevin John Olickal

Filed: 4/8/2025

10400HB1429ham001 LRB104 06164 JRC 25125 a

AMENDMENT TO HOUSE BILL 1429

AMENDMENT NO. ______. Amend House Bill 1429 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1192 as follows:

(55 ILCS 5/5-1192 new)

Sec. 5-1192. Limitation on ordinances and policies. Any ordinance or policy under this Code is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 10. The Township Code is amended by adding Section 85-70 as follows:

(60 ILCS 1/85-70 new)

Sec. 85-70. Limitation on ordinances and policies. Any ordinance or policy under this Code is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 15. The Illinois Municipal Code is amended by adding Section 1-1-13 as follows:

(65 ILCS 5/1-1-13 new)

Sec. 1-1-13. Limitation on ordinances and policies. Any ordinance or policy under this Code is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 20. The Downstate Forest Preserve District Act is amended by adding Section 10.5 as follows:

(70 ILCS 805/10.5 new)

Sec. 10.5. Limitation on ordinances and policies. Any ordinance or policy under this Act is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 25. The Cook County Forest Preserve District Act is amended by adding Section 13.5 as follows:

(70 ILCS 810/13.5 new)

Sec. 13.5. Limitation on ordinances and policies. Any ordinance or policy under this Act is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 30. The Park District Code is amended by adding Section 8-12a as follows:

(70 ILCS 1205/8-12a new)

Sec. 8-12a. Limitation on ordinances and policies. Any ordinance or policy under this Code is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 35. The Chicago Park District Act is amended by adding Section 7.08 as follows:

(70 ILCS 1505/7.08 new)

Sec. 7.08. Limitation on ordinances and policies. Any ordinance or policy under this Act is subject to the provisions of the Bill or Rights for the Homeless Act.

Section 40. The Bill of Rights for the Homeless Act is amended by changing Section 10 as follows:

(775 ILCS 45/10)

Sec. 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: ,

"Enforcing entity" means a State agency or a unit of local government as well as its representatives.

"Housing 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.

"Imminent risk" exists if there is immediate and substantial likelihood that death, serious illness, or severe injury to person or destruction of property.

"Life-sustaining activities" means engaging in activities that are needed to support or extend life in a non-obstructive manner;includes, but are not limited to, moving, resting, sitting, standing, lying down, sleeping, protecting oneself from the elements, eating, drinking nonalcoholic beverages, and storing such personal property as needed to shelter oneself while not blocking the public way.

"Notice" as required in this Act means:

Written notice: Notification by the enforcing entity in a conspicuous location 7 days before enforcement at the site of removal, including, but not limited to, at the entrance of the area or near the site and if possible on the belongings of the unsheltered person.

Verbal notice shall be provided if the enforcing entity's representatives and persons subject to enforcement are present at a location simultaneously during the 7-day time period.

"Unsheltered homelessness" means the status of not having a fixed or regular residence, including the status of living on the streets because of a lack of access to a legally operated indoor shelter or other temporary residence that is appropriate and safe.

(c) Neither a State agency or any unit of local government may establish or enforce ordinances or policies that include fines or criminal penalties against people experiencing unsheltered homelessness for occupying or engaging in life-sustaining activities on public property.

(d) Subject to other provisions of this Act, a unit of local government may enforce ordinances, policies, or procedures to maintain public access and use to a property or address serious and imminent risks to public health and safety.

(e) Unless the enforcing entity determines that there is an imminent risk related to the property or public health and safety, before enforcing any such ordinances, policies and procedures, the enforcing entity shall provide notice, as defined under this Section, to persons subject to the enforcement. All enforcement under this Section shall comply with the Community Emergency Services and Support Act and other provisions of this Act. The enforcing entity shall make a good faith effort, as is practical given resources, to provide or refer persons subject to enforcement with transportation, social services, and other resources to remedy their immediate shelter and long-term housing needs.

(f) When there is an imminent risk to individuals or community members that can only be mitigated by requiring unsheltered individuals to move themselves or their belongings, as much notice as is practical shall be provided. The enforcing entity shall make a good faith effort, as is practical given resources, to provide or refer persons subject to enforcement with transportation, social services, and other resources to remedy their immediate shelter and long-term housing needs.

(g) A home rule unit may not enact rules or regulations that are inconsistent with this Section. This subsection (g) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(h) Prosecution for any violation of law occurring before the effective date of this amendatory Act of the 104th General Assembly is not affected or abated by this Section. If the offense being prosecuted would be a violation of this Section and has not reached the sentencing stage or a final adjudication, then the penalties under this Act apply if they are less than under the prior law upon which the prosecution was commenced. A program, ordinance, resolution, or other regulation that violates any of the provisions of this Section is void and unenforceable.

(Source: P.A. 98-516, eff. 8-22-13.)".