MD HB104

Establishes rights for unhoused individuals to occupy public places, engage in life-sustaining activities (sleeping, eating, resting, sheltering from elements), and use motor vehicles or recreational vehicles for shelter without discrimination based on housing status

Prohibits state and local governments from imposing civil or criminal penalties on unhoused individuals exercising these rights, or on anyone offering food, water, money, or other donations to unhoused individuals in public places

Creates an affirmative defense of necessity for trespass or disturbing the peace charges when the defendant was engaging in life-sustaining activities and was not offered adequate alternative indoor space with property storage

Defines "adequate alternative indoor space" as free, ADA-compliant shelter available indefinitely without requiring waiver of rights, daily reapplication, or separation from family members, support individuals, or possessions

Repeals municipal authority to prohibit vagrancy and preempts local ordinances unless they provide broader protections for unhoused individuals; effective October 1, 2026