HB5862 103RD GENERAL ASSEMBLY

LRB103 41150 AWJ 74367 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5862

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-5-12 new

Amends the Illinois Municipal Code. Provides that a municipality or a law enforcement agency may not enforce any provision of law restricting or punishing an individual for sleeping in public spaces in a nonobstructive manner within a municipality if the municipality's homeless population exceeds the number of available beds in homeless shelters within the municipality. Provides that "nonobstructive manner" means in a manner that does not render passageways, walkways, or roadways impassable or hazardous. Limits the concurrent exercise of home rule powers.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 11-5-12 as follows:

(65 ILCS 5/11-5-12 new)

Sec. 11-5-12. Restrictions or punishment of homeless individual for sleeping in public.

(a) As used in this Section, "nonobstructive manner" means in a manner that does not render passageways, walkways, or roadways impassable or hazardous.

(b) A municipality or a law enforcement agency may not enforce any provision of law restricting or punishing an individual for sleeping in public spaces in a nonobstructive manner within a municipality if the municipality's homeless population exceeds the number of available beds in homeless shelters within the municipality.

(c) A home rule municipality may not regulate sleeping in public spaces in a manner inconsistent with this Section. This Section 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.