Comparing HB 2608 → HB 7286 — AN ACT RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS

Struck = only in HB 2608 · added = only in HB 7286.

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HB2608 Engrossed LRB093 06999 DRJ 07149 b AN ACT in relation to homeless persons.
-- H 7286 ======== LC004392 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
2026 ____________ A N A C T RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS IntroducedBy:RepresentativesJ.Lombardi,Potter,Cruz,Kislak,Giraldo,Diaz,Stewart, Hull, Tanzi, and Sanchez Date Introduced:
Section 1.
January 23, 2026 Referred To:
Short title.
House Judiciary It is enacted by the General Assembly as follows:
This Act may be cited as the Bill of Rights for the Homeless Act.
SECTION 1.
Section 5.
Sections 34-37.1-3 and 34-37.1-4 of the General Laws in Chapter 34-37.1 entitled "Homeless Bill of Rights" are hereby amended to read as follows:
Legislative intent.
34-37.1-3.
It is the long-standing policy of this State that no person should suffer unnecessarily from cold or hunger, or be deprived of shelter or the basic rights incident to shelter.
At the present time, many persons have been rendered homeless as a result of economic adversity, a severe shortage of affordable housing, and increased stress due to the complexity of daily living that has created an inability on the part of those persons to interact in society.
It is the intent of this Act to lessen the adverse affects and conditions caused by the lack of residence or a home.
Section 10.
(a) No person's rights, privileges, or access to public services may be denied or abridged solely because he or she is homeless.
Noperson’srights,privileges,oraccesstopublicservicesmaybedeniedorabridgedsolely because he or she is homeless.
Such a person shall be granted the same rights and privileges as any other citizen of this State.
Such a person shall be granted the same rights and privileges as any other resident of this state.
These rights include but are not limited to the following:
A person experiencing homelessness:
(1) The right to live in any community in this State in which he or she can afford to live.
(1) Has 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 choose a type of living arrangements in accordance with local regulations without harassment or interference from any other citizen or from any public or private entity.
(2) Has the right to equal treatment by all state and municipal agencies, without discrimination on the basis of housing status;
(3) The right to employment and training opportunities in accordance with his or her interests HB2608 Engrossed -2- LRB093 06999 DRJ 07149 b and abilities.
(3) Has the right not to face discrimination while seeking or 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 access to emergency medical health services in any health care facility doing business in this State.
(4) Has the right to emergency medical care free from discrimination based on his or her housing status;
(5) The right to manage his or her own personal finances notwithstanding his or her living arrangements, unless (i) the person voluntarily signs a written agreement, sworn to and witnessed before a notary public, authorizing an individual or agency to manage his or her finances, (ii) the person resides in a shelter for homeless persons and has enrolled in a savings program designed to provide rent money upon the person's departure from the shelter, or (iii) the person has been ruled or adjudicated by a court of competent jurisdiction to be incompetent to manage his or her financial affairs.
(5) Has the right to access trash receptacles and toilet facilities (portable or permanent) in order that they can live in clean and sanitary conditions;
(6) The right to not be coerced or penalized in any way for not taking any medication or for not undergoing any medical treatment that has not been authorized by a qualified physician.
(5)(6) Has 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;
(7) In the case of a group living arrangement or long-term care facility, the right to receive and sign any check, voucher, or other warrant or legal tender issued in his or her name before the moneys may be expended by the person's landlord or a public or private agency, unless the person waives the right in a writing sworn to before a notary public.
(6)(7) Has 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;
If the person is unable to sign his or her name, the person may make his or her signature with an "X" that is witnessed by 2 other persons not employed or directly associated with the landlord or agency, preferably a relative or guardian of the person or someone designated by the person beforehand.
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;
(8) The right to vote, which may not be denied solely because the person does not have a permanent HB2608 Engrossed -3- LRB093 06999 DRJ 07149 b residence.
and (7)(8) Has 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, and the same right to privacy in his or her temporary housing, including tents, as a permanent residence.
(9) The right of visitation with family members, friends, clergy, and professional or public consultants notwithstanding the person's living arrangements, as long as the visitation does not interfere with the smooth operation of the person's place of residence.
34-37.1-4.
(10) The right to receive public services or accommodations offered to any other citizen of this State in accordance, with established eligibility guidelines for those services.
Damages and attorney’s fees Damages, attorneys' fees and fines.
(11) The right to confidentiality of records.
(a) An aggrieved individual or any organization that is chartered for the purpose of safeguarding individual civil liberties or combatting homelessness shall have the right to bring a civil action in the superior court to enforce the provisions of this chapter.
Homeless shelters shall obtain a voluntary written release from a homeless person prior to disclosing any personal information regarding the homeless person, including, but not limited to, name, social security number, and birth date, except in aggregate form.
(b) In any civil action alleging a violation of this chapter, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney’s fees and costs to a prevailing plaintiff.
The right to confidentiality of records includes the dissemination of materials to other agencies, either private or public.
(c) Any person intentionally violating any right recognized in this chapter may be fined two thousand five hundred dollars ($2,500) per violation.
The homeless person shall be given the option of whether to release records via informed consent, based on guidelines from the Office of Human Research Protections, United States Department of Health and Human Services, including:
(d) All fines collected shall be received by the Rhode Island department of housing and utilized for housing stabilization services or to address other issues related to homelessness.
(A) the expected duration of the subject's participation;
SECTION 3.
(B) an explanation of whom to contact for answers to pertinent questions about the research and research subjects' rights, and whom to contact in the event of a research-related injury to the subject;
Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is hereby amended by adding thereto the following sections:
(C) a statement that participation in releasing records is voluntary, refusal to participate will involve no penalty or loss of benefits to which the subject is otherwise entitled, HB2608 Engrossed -4- LRB093 06999 DRJ 07149 b and the subject may discontinue participation in the record release at any time without penalty or loss of benefits to which the subject is otherwise entitled;
34-37.1-7.
(D) a description of any reasonably foreseeable risks or discomforts to the subject;
Written policies required.
and (E) a statement describing the extent, if any, to which confidentiality of records identifying the subject will be maintained.
(a) All police and public works departments shall adopt written policies and procedures necessary to ensure that their respective departments fully comply with all requirements of this chapter and make them publicly available.
(b) The Department of Public Health shall monitor and enforce the rights of homeless persons set forth in subsection (a).
(b) Every police department policy, established pursuant to the provisions of this section, shall recognize the reasonable expectation of privacy that a homeless person has in their tent.
The Department may designate one or more local health departments or local health officers to monitor and enforce those rights.
Pursuant to the policy, no tent occupied by a homeless person shall be subject to an unreasonable search.
Section 15.
34-37.1-8.
DCCA;
Encampments.
housing assistance.
(a) Priorto any enforcement actiontorelocateor vacatepersonsoccupying anencampment located on public property, at least sixty (60) days' notice to vacate shall be provided to persons LC004392 - Page 2 of 4 staying in the encampment.
The Department of Commerce and Community Affairs may establish priorities of eligibility for temporary rental or other housing assistance among the various categories of persons needing assistance in obtaining or retaining housing, including, without limitation, persons subject to immediate eviction for nonpayment of rent or subject to foreclosure for nonpayment of mortgage installments or property taxes, when nonpayment is attributable to illness, unemployment, underemployment, or any other failure of lack of resources beyond the person's control.
The notice shall be in writing, state the basis and authority for the action, and apprise individuals how they may retrieve their personal property left at the encampment, in accordance with subsection (c) of this section.
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(b) Reasonable alternatives for relocation shall be made available to all person occupying the encampment in collaboration with outreach workers, prior to any enforcement action conducted, pursuant to the provisions of subsection (a) of this section.
(c) Except to address health or safety hazards, any personal property found onsite shall be maintained by the enforcement agency for at least thirty (30) days after the enforcement action has been completed.
SECTION 4.
This act shall take effect upon passage.
======== LC004392 ======== LC004392 - Page 3 of 4 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO PROPERTY -- HOMELESS BILL OF RIGHTS *** This act would update the homeless bill of rights law to add rules governing the interaction with encampments and require a sixty (60) days' notice to vacate be provided to persons staying in an encampment on public property and require fines for non-compliance, require police and public works departments to adopt written policies and procedures to ensure compliance with the requirements of this chapter and include the right to access clean and sanitary conditions.
This act would take effect upon passage.
======== LC004392 ======== LC004392 - Page 4 of 4