HB 2028

PRIOR PRINTER'S NO. 2586  PRINTER'S NO.   3276
                THE GENERAL ASSEMBLY OF PENNSYLVANIA
                    HOUSE BILL
                    No. 2028
                                           Session of
                                             2025
INTRODUCED BY SMITH-WADE-EL, HILL-EVANS, HOHENSTEIN, KINKEAD,
   KENYATTA, ABNEY, McNEILL, WAXMAN, KRAJEWSKI, RIVERA, FIEDLER,
   SANCHEZ, HOWARD, CURRY, D. WILLIAMS, MAYES AND CEPEDA-
   FREYTIZ, NOVEMBER 10, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
   REPRESENTATIVES, AS AMENDED, APRIL 27, 2026
                                AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2    Pennsylvania Consolidated Statutes, providing for permitted
3    use of public space; and, in matters affecting government
4    units, further providing for exceptions to sovereign
5    immunity.
6    The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8    Section 1.    Title 42 of the Pennsylvania Consolidated
9 Statutes is amended by adding a chapter to read:
10CHAPTER 70A
11PERMITTED USE OF PUBLIC SPACE
12 Sec.
13 70A01.   Definitions.
14 70A02.   Permitted use of public space.
15 70A03.   Affirmative defense.
16 70A04.   Enforcement.
17 § 70A01.   Definitions.
18    The following words and phrases when used in this chapter
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3    "Adequate alternative indoor space."     A space that is legally
4 and physically accessible to an individual and that does not
5 require the individual to sacrifice any other personal right
6 afforded to them under Federal, State or local law. All of the
7 following shall apply:
8(1)   An adequate alternative indoor space must satisfy
9    all of the following:
10(i)    Be available indefinitely to the individual
11without requiring daily reapplication.
12(ii)    Be free of charge.
13(iii)    Accommodate any disabilities.
14(iv)    Accept pets.
15(v)    Accommodate partners, whether the partners are
16legally married or not, family members or other support
17individuals.
18(vi)    Accommodate the individual's personal property.
19(2)   A tiny home or similar structure may be an adequate
20    alternative indoor space if the tiny home or similar
21    structure is climate-controlled, as appropriate to the local
22    climate conditions, and possesses all of the following:
23(i)    Locking doors.
24(ii)    Individual sanitary and cooking facilities or
25common facilities sufficient to meet the needs of the
26tiny home community.
27(3)   An adequate alternative indoor space in a
28    neighboring municipal corporation is presumptively
29    inaccessible unless adequate transportation is available at
30    no cost to the individual to ensure that the individual can
20250HB2028PN3276  - 2 -
1    attend to any personal or professional business in the
2    municipal corporation of origin.
3    "Individual experiencing homelessness."     An individual
4 lacking a fixed, regular and adequate nighttime residence,
5 including any of the following:
6(1)     Individuals sharing the housing of other individuals
7    due to loss of housing, economic hardship or a similar
8    reason.
9(2)     Individuals living in motels, hotels, trailer parks
10    or camping grounds due to the lack of alternative adequate
11    accommodations.
12(3)     Individuals living in emergency or transitional
13    shelters.
14(4)     Individuals abandoned in hospitals.
15(5)     Individuals awaiting foster care placement.
16(6)     Individuals living in a private place not designed
17    for or ordinarily used as a regular sleeping accommodation
18    for human beings within the meaning of 42 U.S.C. § 11302(a)
19    (2) (relating to general definition of homeless individual).
20(7)     Individuals living in cars, parks, public spaces,
21    abandoned buildings, substandard housing, bus or train
22    stations or similar settings.
23(8)     Individuals who meet the definition of "homeless
24    children and youths" as defined in 42 U.S.C. § 11434a(2)
25    (relating to definitions), regardless of whether an
26    individual is a child or youth.
27    "Life-sustaining activity."     Moving, resting, sitting,
28 standing, lying down, sleeping, protecting oneself from the
29 natural elements, eating, drinking and storing personal property
30 as needed to safely shelter oneself.
20250HB2028PN3276  - 3 -
1    "Municipal corporation."     As defined in 8 Pa.C.S. § 101.1
2 (relating to definitions).
3    "Public space."    Any property that is owned or leased, in
4 whole or in part, by the Commonwealth or a municipality or any
5 property upon which there is an easement for public use and that
6 is held open to the public, or any Federal land that is open to
7 the public, where State or local law enforcement has
8 jurisdiction to enforce State or local laws, including plazas,
9 courtyards, parking lots, sidewalks, public transportation
10 facilities and services, public buildings, shopping centers,
11 underpasses and lands adjacent to roadways and parks.
12    "Recreational vehicle."     A travel trailer, camping trailer,
13 park trailer, camper, camper motor home or similar accommodation
14 that is primarily designed as temporary living quarters for
15 recreational camping or for seasonal or travel use and either
16 has its own motor power or is mounted on or drawn by another
17 vehicle.
18 § 70A02.    Permitted use of public space.
19    (a)     Public spaces.--An individual experiencing homelessness
20 may use public spaces for life-sustaining activities if the
21 activities do not obstruct a public walkway or public street in
22 a manner that pedestrians or vehicles cannot pass, unless
23 sufficient adequate alternative indoor space is available to the
24 individual experiencing homelessness in a municipal corporation
25 and has been offered to the individual, including transportation
26 for the individual and the individual's belongings.
27    (b)     Private property.--An individual experiencing
28 homelessness may use private property for life-sustaining
29 activities with the verbal or written permission of the property
30 owner, unless sufficient adequate alternative indoor space is
20250HB2028PN3276  - 4 -
1 available to the individual experiencing homelessness in a
2 municipal corporation and has been offered to the individual,
3 including transportation for the individual and the individual's
4 belongings.
5    (c)   Civil and criminal penalties.--An individual
6 experiencing homelessness shall not receive or be charged with a
7 civil or criminal penalty or violation of soliciting, sharing,
8 accepting or offering food, water, money or other donations in
9 public spaces if the individual does not obstruct a public
10 walkway or public street in a manner that pedestrians or
11 vehicles cannot pass.
12    (d)   Personal property protections.--An individual
13 experiencing homelessness shall receive the same degree of
14 protection for personal property stored in public spaces as
15 personal property stored in a private dwelling, including
16 protection against unreasonable search and seizure.
17    (e)   Vehicles.--
18(1)   An individual experiencing homelessness shall not be
19    required to move a motor vehicle or a recreational vehicle if
20    the vehicle is parked on public property IN A PUBLIC SPACE  <--
21    and the vehicle is not parked in a position that obstructs
22    the flow of traffic OR A LEGITIMATE GOVERNMENT FUNCTION. An        <--
23    individual experiencing homelessness shall not be required to
24    move a motor vehicle or a recreational vehicle that is on
25    private property with the permission of the private property
26    owner.
27(2)   If a motor vehicle or recreational vehicle must be
28    moved because the vehicle is obstructing the flow of traffic
29    OR A LEGITIMATE GOVERNMENT FUNCTION, the individual  <--
30    experiencing homelessness shall be permitted to relocate the
20250HB2028PN3276  - 5 -
1    vehicle before a parking ticket is issued or the vehicle is
2    towed. The individual experiencing homelessness shall be
3    permitted to retrieve items from a towed vehicle and to
4    retrieve the vehicle from storage free of charge or at a
5    reduced rate upon consideration of ability to pay.
6 § 70A03.    Affirmative defense.
7    (a)     Defense.--It shall be an affirmative defense to a charge
8 of violating a statute or ordinance criminalizing life-
9 sustaining activity permitted under section 70A02 (relating to
10 permitted use of public space) that the individual experiencing
11 homelessness had no access to an adequate alternative indoor
12 space in which to undertake the prohibited conduct.
13    (b)     Court notice.--The trial court shall notify the charged
14 individual of the availability of the defense under subsection
15 (a) and how to raise the defense.
16    (c)     Rebuttable presumption and burden.--Once the defense is
17 raised, there shall be a rebuttable presumption that adequate
18 alternative indoor space did not exist, and the burden shall be
19 on the prosecutor to prove the availability of an adequate
20 alternative indoor space.
21 § 70A04.    Enforcement.
22    (a)     Attorney General.--The Attorney General shall have
23 authority to bring a civil action on behalf of the Commonwealth
24 against any State or local government or government official
25 that violates, or implements or enforces a rule, ordinance,
26 regulation, law, policy or practice that violates, this chapter.
27 The court shall hold unlawful and set aside the rule, ordinance,
28 regulation, law, policy or practice if it is in violation of
29 this chapter.
30    (b)     Private right of action.--An individual or organization
20250HB2028PN3276  - 6 -
1 adversely affected by a violation of this chapter may commence a
2 civil action against any State or local government or government
3 official that violates, or implements or enforces a rule,
4 ordinance, regulation, law, policy or practice that violates,
5 this chapter. The court shall hold unlawful and set aside the
6 rule, ordinance, regulation, law, policy or practice if it is in
7 violation of this chapter.
8    (c)    Equitable relief.--In any action under this section, the
9 court may award appropriate equitable relief, including
10 temporary, preliminary or permanent injunctive relief.
11    (d)    Costs.--In any action under this section, the court
12 shall award costs of litigation, as well as reasonable attorney
13 fees, to a prevailing plaintiff. A plaintiff shall not be liable
14 to a defendant for costs or attorney fees in any nonfrivolous
15 action under this section.
16    (e)    Jurisdiction.--Commonwealth Court shall have original
17 jurisdiction over proceedings under this section. Commonwealth
18 Court shall exercise its jurisdiction without regard to whether
19 the aggrieved party has exhausted all administrative or other
20 remedies that may be provided by law.
21    Section 2.      Section 8522(b) of Title 42 is amended by adding
22 a paragraph to read:
23 § 8522.    Exceptions to sovereign immunity.
24    * * *
25    (b)    Acts which may impose liability.--The following acts by
26 a Commonwealth party may result in the imposition of liability
27 on the Commonwealth and the defense of sovereign immunity shall
28 not be raised to claims for damages caused by:
29* * *
30(11)    Permitted use of public space.--The implementation
20250HB2028PN3276  - 7 -
1   or enforcement of a rule, ordinance, regulation, law, policy
2   or practice that violates Chapter 70A (relating to permitted
3   use of public space).
4   Section 3.    This act shall take effect in 60 days.
20250HB2028PN3276  - 8 -