,i #aaith ,,congress #ast ,session ,h4 ,r4 #dahb ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjbe,ms4 ,jayapal 7for herself1 ,mr4 ,frost1 ,ms4 ,ansari1 ,ms4 ,garcia of ,texas1 ,mr4 ,johnson of ,georgia1 ,ms4 ,lee of ,pennsylvania1 ,mr4 ,mc,govern1 ,ms4 ,norton1 ,mrs4 ,ramirez1 ,ms4 ,schakowsky1 ,mr4 ,thanedar1 ,ms4 ,tlaib1 ,ms4 ,velzquez1 ,mrs4 ,watson ,coleman1 and ,mr4 ,garca of ,illinois7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,oversight and ,government ,reform1 ,natural ,resources1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit the criminalization of homelessness on ,federal public lands4 #a4 ,short title ,this ,act may be cited as the ,housing not ,handcuffs ,act of #bjbe4 #b4 ,prohibited activities 7a7 ,prohibition ,a ,federal agency may not impose a penalty on a homeless individual for a permitted use of public land as described under subsection 7b74 7b7 ,permitted use of public lands ,a homeless individual may-- 7#a7 conduct life sustaining activities on public land2 7#b7 use and move freely in places of public accommodation 7as such term is defined in section #bja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7b772 7#c7 solicit1 share1 accept1 or offer food1 water1 money1 or other donations2 7#d7 store their possessions and enjoy privacy in their personal property to the same degree as property in a private dwelling1 which shall not be subject to unreasonable search and seizure2 7#e7 pray1 meditate1 worship1 or practice religion2 7#f7 occupy a lawfully parked motor vehicle or a recreational vehicle2 and 7#g7 relocate a motor vehicle or recreational vehicle being used for life sustaining activities before a citation is issued or the vehicle is towed1 retrieve items from a towed vehicle1 and retrieve the vehicle from storage at a free or reduced rate upon consideration of ability to pay4 7c7 ,exception ,the permitted use under subsection 7b77#a7 shall not be a permitted use if there is adequate alternative indoor space available as described under subsection 7d74 7d7 ,adequate alternative indoor space described 7#a7 ,in general ,adequate alternative indoor space-- 7,a7 is a space that-- 7i7 is legally and physically accessible to the homeless individual2 7ii7 does not require the homeless individual to sacrifice any other right afforded to them under ,federal1 ,state1 or local law2 and 7iii7 is available indefinitely to the individual without requiring daily reapplication1 at no charge1 and must accommodate any disabilities1 as well as pets1 partners 7whether legally married or not71 family members1 other support persons1 and possessions the individual wishes to bring with them2 7,b7 may be a tiny home or similar structure that includes-- 7i7 locking doors2 7ii7 appropriate climate control mechanisms based on the location of the home or structure2 and 7iii7 sanitary and cooking facilities or is a part of a community with common sanitary and cooking facilities2 or 7,c7 may be a permitted parking area that includes sanitary facilities4 7#b7 ,jurisdiction ,an adequate alternative indoor space in another jurisdiction shall only be deemed an adequate alternative indoor space for the homeless individual if transportation is made available1 at no cost to the individual1 to ensure the individual can continue to attend to any personal or professional business4 7e7 ,enforcement 7#a7 ,attorney general ,the ,attorney ,general may bring a civil action in an appropriate district court of the ,united ,states against a government official who violates subsection 7a7 for equitable relief1 including temporary1 preliminary1 or permanent injunctive relief and costs described under paragraph 7#c74 7#b7 ,private right of action ,any individual harmed by an violation of subsection 7a7 may bring a civil action in an appropriate district court of the ,united ,states against a government agency or official that violates subsection 7a7 for equitable relief1 including temporary1 preliminary1 or permanent injunctive relief and costs described under paragraph 7#c74 7#c7 ,costs ,with respect to an action brought under paragraph 7#a7 or 7#b71 the court shall award costs of litigation1 as well as reasonable attorney's fees1 to any prevailing plaintiff4 ,a plaintiff shall not be liable to a defendant for costs or attorney's fees in any non-frivolous action under this section4 7f7 ,necessity defense 7#a7 ,in general ,it shall be an affirmative defense for a homeless individual charged with any violation of law criminalizing a life-sustaining activity1 that the individual had no access to an adequate alternative indoor space in which to undertake the prohibited conduct4 7#b7 ,duty ,the appropriate court shall notify the individual of the availability of the affirmative defense under paragraph 7#a74 ,there shall be a rebuttable presumption that adequate alternative indoor space was not available to the homeless individual4 7g7 ,rules of construction 7#a7 ,in general ,a court shall liberally construe any provision of this ,act to effectuate the purposes of the ,act4 7#b7 ,rule of construction ,nothing in this ,act shall be construed to authorize ,federal1 ,state1 or local government to interfere with an individual's right to be free from facing punishment for a housing status condition1 or to diminish or in any way negatively affect an individual's constitutional right be free from cruel and unusual punishment1 or to displace any other remedy for violations of the individual's constitutional rights4 7h7 ,definitions ,in this section3 7#a7 ,homeless individual ,the term homeless individual shall have the meaning given such term in section #ajc of the ,stewart ,b4 ,mc,kinney ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aacjb74 7#b7 ,housing status ,the term housing status means the actual or perceived status of having or not having housing1 or being at risk of being homeless4 7#c7 ,life sustaining activities ,the term life sustaining activities includes moving1 resting1 sitting1 standing1 lying down1 sleeping1 protecting oneself and personal property from the elements1 eating1 and drinking4 7#d7 ,cars ,the term cars shall have the meaning given the term motor vehicle under section #agaja of title #dj1 ,united ,states ,code4 7#e7 ,public land ,the term public land means any property that is owned or leased1 in whole or in part1 by the ,united ,states1 including areas adjacent to ,federal property upon which there is an easement for public use and that is held open to the public1 such as plazas1 courtyards1 parking lots1 sidewalks1 public transportation facilities and services1 public buildings1 underpasses and lands adjacent to roadways1 and parks1 such as those defined or administered under titles #bc1 #cf1 #dc1 or #ej of the ,code of ,federal ,regulations4 7#f7 ,recreational vehicle ,the term recreational vehicle has the meaning given such term in section #cbhb4ae of title #bd1 ,code of ,federal ,regulations 7as defined on the date of the enactment of this ,act74