HB 5319 — Camping ban on certain public property.

CS for HB 5319 WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 5319 By Delegates Chiarelli and Browning [Originating in the Committee on the Judiciary;

Reported on February 25, 2026] Eng CS for HB 5319 A BILL to amend and reenact §61-6-18 of the Code of West Virginia, 1931, as amended, relating to public camping on certain public property;

1 Eng CS for HB 5319 "Park" means any real property, building, structure, equipment, sign, shelter, swimming pool, vegetation, playground, or other physical property owned or controlled by a municipality, county, or the state for park purposes.

Park or park facility includes all associated areas,areas includingincluding, but not limited toto, parking lots for parks and pools.

(1) reasonablyReasonably recognizable as belonging to a person;

(c) If any person shall go goes upon the ground or lawn surrounding or adjacent toto: (1) the State Capitol building or any state office building which is a part of the State Capitol complex, or (2) a county courthouse, or (3) any municipal office building where the principal business of the municipality is conducted, which ground or lawn is owned by or leased to the State of West Virginia, the county, or such municipality, as the case may be, and place, erect or construct or attempt to place, erect or construct for himself or herself or others shelter accommodations thereon or use any such erected shelter accommodations, without the written permission first had 2 CS for HB 5319 and obtained of the Governor, the county court, or the governing body of the municipality, as the case may be, he or she shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment confinement in jail for not more than 30 days, or in the discretion of the court by both such fine and imprisonment confinement, and any such shelter accommodations are hereby constituted a public nuisance which may be abated at the expense of any such person.

(1) The State Capitol building or any state office building which is a part of the State Capitol complex;

or (2) a county courthouse;

or (3) any municipal office building where the principal business of the municipality is conducted, which ground or lawn is owned by or leased to the State of West Virginia, the county, or such municipality, as the case may be, and place, erect or construct or attempt to place, erect or construct for himself or herself or others shelter accommodations thereon or use any such erected shelter accommodations, without the written permission first had 2 Eng CS for HB 5319 and obtained of the Governor, the county court, or the governing body of the municipality, as the case may be, he or she shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $100, or by imprisonment confinement in jail for not more than 30 days, or in the discretion of the court by both such fine and imprisonment confinement, and any such shelter accommodations are hereby constituted a public nuisance which may be abated at the expense of any such person.

(1) Any person who commits a first violation of any provision of this subsection shall be given a written warning describing the violation and providing information about resources to obtain assistance in seeking alternate shelter.shelter;

(2) Any person who commits a second violation of any provision of this subsection is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $200.$200;

(3) Any person who commits a third violation of any provision of this subsection within 12 months of the first violation is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $500, confined in jail not more than 30 days, or both fined and confined.confined;

(4) Each day that a violation continues shall be considered a separate offense.offense;

(5) A person illegally camping in violation of the provisions of this subsection will be given known alternative locations, should the same exist, where the person may shelter overnight, including, but not limited to, a place in an emergency shelter or any alternate indoor or outdoor 3 Eng CS for HB 5319 locations where the person may sleep overnight: