Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Civil Rights & Judiciary Committee

HB 1591

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Concerning the rights of persons experiencing homelessness.

Sponsors: Representatives Gregerson, Peterson, Macri, Doglio, Appleton, Thai, Robinson, Jinkins, Lekanoff, Slatter and Davis.

Brief Summary of Bill

  • Codifies the rights of people experiencing homelessness and creates a civil cause of action.

  • Permits state monies appropriated for civil legal aid services to be used in matters relating to enforcing these rights.

Hearing Date: 2/12/19

Staff: Cece Clynch (786-7195).

Background:

Martin v. City of Boise.

The United States (U.S.) Ninth Circuit Court of Appeals issued an opinion in September 2018 holding that sitting, lying, and sleeping are unavoidable consequences of being human, and that a city is prohibited under the Eighth Amendment to the U.S. Constitution from imposing criminal sanctions against homeless individuals for sleeping outdoors on public property when no alternative shelter was available to them. The Eighth Amendment provides that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Civil Legal Aid Services.

The Office of Civil Legal Aid (OCLA) is an independent agency of the judicial branch. Moneys appropriated by the Legislature for civil representation are administered by the OCLA and must be used solely for the purpose of contracting with qualified legal aid programs for legal representation of indigent persons in matters relating to:

Summary of Bill:

A new chapter is created, codifying the rights of people experiencing homelessness and creating a civil cause of action. Discrimination based on housing status is prohibited. Every person experiencing homelessness and who has no reasonable alternative but to survive in public space has the following rights in public space without being subject to criminal or civil penalties or harassment by law enforcement, public or private security personnel, or any agents of any public-private partnership established under any state or local law:

A person whose rights have been violated may bring a civil lawsuit to enforce those rights. The plaintiff must establish his or her homelessness. The burden then shifts to the defendant to show that sufficient reasonable alternatives other than to survive in public space were available to the plaintiff. Courts may award appropriate injunctive and declaratory relief, restitution for loss of property, and actual and compensatory damages up to $1,000 per violation. The court may also award reasonable attorneys' fees and costs to the prevailing party. These remedies are not exclusive.

A number of terms are defined, including the following:

Moneys appropriated by the Legislature for civil representation and administered by the Office of Civil Legal Aid may be used for the purpose of contracting with qualified legal aid programs for legal representation of indigent persons in matters relating to discrimination prohibited by this new chapter.

A severability clause is included.

Appropriation: None.

Fiscal Note: Requested on February 5, 2019.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.