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PA HB2028
Bill
Status
11/12/2025
Primary Sponsor
Ismail Smith-Wade-El
Click for details
AI Summary
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Permits individuals experiencing homelessness to use public spaces for life-sustaining activities (sleeping, resting, eating, storing belongings) unless adequate alternative indoor space is offered, including free transportation and accommodation for pets, partners, disabilities, and personal property
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Defines "adequate alternative indoor space" as free, indefinitely available shelter that accommodates disabilities, pets, family members, and personal property without requiring daily reapplication; tiny homes with climate control and locking doors may qualify
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Prohibits civil or criminal penalties for soliciting, sharing, or accepting food, water, or donations in public spaces, and extends Fourth Amendment protections against unreasonable search and seizure to personal property stored in public spaces
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Creates an affirmative defense for charges related to life-sustaining activities, placing the burden on prosecutors to prove adequate alternative shelter was available; courts must notify defendants of this defense
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Establishes enforcement through Attorney General civil actions and private rights of action, with litigation costs and attorney fees awarded to prevailing plaintiffs; waives sovereign immunity for government violations; takes effect 60 days after enactment
Legislative Description
Providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.
Last Action
Referred to Judiciary
11/12/2025