Amended
IN
Assembly
April 30, 2013 |
Amended
IN
Assembly
April 08, 2013 |
Introduced by Assembly Member Ammiano |
December 03, 2012 |
(a)It is the intent of the Legislature to enact legislation that would, except when otherwise not permitted by federal law, ensure that everyone in the state has the right to all of the following:
(1)Access to income sufficient for survival, regardless of employment status or criminal justice background, including, but not limited to, the right to receive funds through public welfare programs, private donations, collecting recyclable goods, or soliciting donations in public spaces.
(2)Safe, decent, permanent, and affordable housing, as soon as possible, and the right to be free from further dislocation, unless and until safe, decent, permanent, and affordable housing is available.
(3)Access to clean and safe facilities 24 hours a day, seven days a week, with clearly identifiable staff able to react to safety concerns, including, but not limited to, shelters and drop-in centers that meet basic health, hygiene, and dignity needs, including any special needs of lesbian, gay, bisexual, or transgender individuals, youths, families, or those with mental illness or physical disabilities. This includes the right of all individuals to secure shelter without being required to state their gender or to share confidential health information protected by the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191).
(4)As a child enrolled in a publicly funded school, be provided by his or her school with the supplies necessary to promote academic success, including, but not limited to, backpacks, textbooks, notebooks, pencils, pens, and appropriate academic technology.
(5)Nonemergency health care and access to medical facilities that provide quality care for both physical and mental needs.
(6)Access to emergency services, including, but not limited to, emergency rooms at hospitals, shelters, drop-in centers, rehabilitation centers, education, and special training, without the possibility of being denied based on race, color, sex, language, religion, political or other opinion, national or social origin, sexual orientation, gender identity, mental or physical disability, income level, housing status, citizenship, or immigration status.
(b)It is the intent of the Legislature to enact legislation that would require all state agencies to use the same definition for “homeless persons or people” as follows: “Homeless” means those individuals or families who lack a fixed, regular, and adequate nighttime residence or who have primary nighttime residence in a shelter, on the street, in a vehicle, in an enclosure or structure that is not authorized or fit for human habitation, substandard apartments, dwellings, doubled up temporarily with friends or families, or staying in transitional housing programs. “Homeless” also means any person residing anywhere without tenancy rights, and families with children staying in a residential hotel whether or not they have tenancy rights.
(c)It is the intent of the Legislature that publicly funded social and health care services be offered in a sufficient quantity to meet the
population’s needs, without barriers, including geographical barriers, such as making locations inconvenient or creating screen-out barriers, or prohibiting access due to a person’s inability to provide identification or criminal justice history, or disability, in order that persons are reasonably able to reach and use that service.
(a)“Access,” as applied to an existing facility, service, or public space means the ability and permission to enter and make use of the facility, service, or public space. Otherwise, “access” means the offering or availability of a facility or service.
(b)
(c)
(d)“Damages” means, but is not limited to, losses.
(e)
(f)
(g)“Housing status” means the status of having or not having a fixed or regular residence, including the status of living outdoors, in a vehicle, or in a homeless shelter, or similar temporary residence or elsewhere in the public domain.
(h)“Lack of permanent mailing address” means the absence of an address fixed to a permanent
home, and may include, but is not limited to, post office boxes, addresses of friends or family members, and shelter addresses.
(i)“Lawful representative” means any person who has been asked to advocate on behalf of a person or any class that a person identifies with, including, but not limited to, a homeless person’s
retained attorney, a nonprofit organization that advocates on behalf of homeless persons, or a prosecuting attorney upon the request of a homeless person.
(j)“Losses” means, but is not limited to, any deprivation of constitutionally held rights as well as the loss of property or physical and mental wellbeing.
(k)“Low income” is defined as income at or lower than twice the federal poverty level as established by the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of Section 9902(2) of Title 42 of the United States Code.
(l)“Public service” means any program or activity that is conducted, operated, or administered by the state, any state agency, or local government agency, is funded directly by the state or any local government, or received any financial assistance from the state or any local government.
(m)
(n)
(o)
(3)The right to set down or leave at rest personal property in public spaces without being subject to criminal or civil sanctions, harassment, or arrest by law enforcement, public or private security personnel, or BID agents, as long as that personal property does not maliciously or substantially obstruct a passageway, or the possession or placement of that personal property does not deny another of the right to property. This includes the right to restitution for loss of property or personal effects and belongings if the property or personal effects are confiscated, removed, damaged, or destroyed by law enforcement, public or private security personnel, or BID agents in violation of this paragraph or any other protections of property provided under state or federal law.
(4)
(11)If the person is a child or youth, the right to state enforcement of the educational protections under the federal McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with regard to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) of Title 42 of the United States Code, which provide that a school shall provide assistance to the parent or guardian of each homeless child or youth (or, in the case of an unaccompanied youth, the youth) to exercise the right to attend the parent’s or guardian’s (or youth’s) choice of school, and a school shall coordinate with the local educational agency with jurisdiction for the school selected by the parent or guardian (or youth), to provide transportation and other necessary services.
(12)
(13)The right to confidentiality of personal records regarding housing status, income level, mental illness, physical disability, sexual orientation, gender identity, citizenship, or immigration status, and to protection from disclosure of the information and records to landlords and employers.
(14)
(C)A county shall not use penalties under Section 1214.1 of the Penal Code or any other civil assessment scheme in the prosecution of municipal infractions unless the defendant was the driver of a vehicle.
(15)The right to assistance of counsel in any civil or criminal proceeding that may result in commitment to a public health institution.
(16)The right to be free from arbitrary arrest, detention, or deportation, handed over to another law enforcement agency, or deported, without guarantees necessary for his or her timely defense.
(b)
(16)