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DE HB135
Bill
Status
5/6/2025
Primary Sponsor
Sophie Phillips
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AI Summary
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Permits individuals experiencing homelessness to conduct life-sustaining activities (sleeping, resting, eating, storing personal property) in public spaces unless adequate alternative indoor shelter is offered, including free transportation and accommodation for pets, partners, disabilities, and belongings
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Requires personal property of homeless individuals stored in public places to receive the same constitutional protections against unreasonable search and seizure as property stored in private homes
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Prohibits requiring homeless individuals to move vehicles or recreational vehicles parked on public property unless the vehicle obstructs traffic or creates a hazard, and requires opportunity to relocate before ticketing or towing
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Creates an affirmative defense to charges of violating anti-camping or similar ordinances if no adequate alternative indoor space was available, with prosecution bearing the burden to prove shelter availability
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Establishes enforcement through Attorney General civil actions and private right of action, with waiver of sovereign immunity, and awards attorney's fees to prevailing plaintiffs
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Homelessness.
Last Action
Assigned to Housing Committee in House
5/7/2025