HOUSE OF REPRESENTATIVES

H.B. NO.

1322

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to a homeless person's bill of rights.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

A homeless person's bill of rights

-1 Bill of rights; established. (a) There is created a homeless person's bill of rights to guarantee that the rights, privacy, and property of homeless persons are adequately safeguarded and protected under the laws of this State. The rights afforded homeless persons to ensure that their person, privacy, and property are safeguarded and protected, as set forth in subsection (b), are available only to the extent that they are implemented pursuant to the laws of this State and the federal government. For purposes of this section, "homeless person" shall have the same meaning as "homeless" in section 346-361.

(b) Every homeless person in this State shall have the right to:

(1) Move freely in public spaces, including on public sidewalks, in public parks, on public transportation, and in public buildings without harassment or intimidation from law enforcement officials, in the same manner as other persons;

(2) Have equal opportunities for employment;

(3) Receive emergency medical care;

(4) Register to vote and to vote;

(5) Have personal information protected;

(6) Have a reasonable expectation of privacy in one's personal property;

(7) Receive equal treatment by state and county agencies; and

(8) Freely accept or deny shelter or services from any state or county agency.

(c) Each county may post in a usual location for county notices a notice entitled "A HOMELESS PERSON'S BILL OF RIGHTS" that contains the text set forth in subsection (b).

(d) Any person injured by a violation of this section may bring a civil action for appropriate injunctive relief or declaratory relief and for damages sustained by the person, and, if the judgment is for the plaintiff, the plaintiff shall be entitled to recover actual damages and reasonable attorney's fees."

SECTION 2. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Homeless Persons; Bill of Rights

 

Description:

Establishes a homeless person's bill of rights. Allows a person to obtain injunctive or declaratory relief, damages, and reasonable attorney's fees for a violation of these rights.

 

 

 

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