DELAWARE — A bill in the Delaware House of Representatives would expand legal protections for people experiencing homelessness by limiting when local governments can remove them from public spaces and restricting certain law enforcement actions.
HB 454 was introduced into Delaware's House late last week. The legislation follows similar wording to the previously introduced HB 135, according to lawmakers. The legislation would protect the right of people experiencing homelessness to 'conduct life-sustaining activities' in public spaces, such as cooking, sleeping, or sitting. Lawmakers say those rights would be protected so long as the person is not causing any disturbance in that public space, unless the individuals have been offered what the bill describes as "adequate indoor space" in the area.
The legislation would also prohibit police from taking or searching a person's property without cause. In addition, vehicles being used as shelter could not be immediately towed unless they create a hazard.
"What HB 454 does is recognize that homelessness is fundamentally a housing issue, and not a crime," District 20 Representative Alonna Berry (D), a co-sponsor of the legislation, told WBOC on Monday. "This bill is really focused on supporting individuals who are actively in a crisis."
John Reynolds, Deputy Policy and Advocacy Director of the Delaware ACLU, said the bill is intended to reduce the criminalization of homelessness and encourage communities to invest in long-term solutions.
"This bill is looking to scale back the use of criminalization when it's solely targeting individuals because they're homeless," Reynolds said.
Supporters of the bill said homelessness is a growing issue across Delaware and argue the bill could incentivize local governments to secure additional resources and services for unhoused residents.
"This is not exempting anyone from criminal laws. This is not exempting anyone from trespassing or any other type of criminal violation," Reynolds said. "But it is saying that you cannot target folks specifically because they are homeless. Instead, it tries to reframe our approach to ensure people's basic rights are protected and that we work towards actual solutions."
However, some lawmakers have voiced opposition to the proposal, arguing that it could normalize homelessness in public spaces rather than address its underlying causes.
"This legislation is being sold as compassionate, but real compassion comes from helping people on an individual level and finding out the root causes of their homelessness. It's not making it a normal thing for permanent living on our streets and permanent living in our parks," District 36 Representative Bryan Shupe (R) said.
Shupe also said the legislation could restrict local municipalities.
"It's definitely restricting the municipalities who are trying to walk that line between trying to get help for people who are homeless, while at the same time making it a safe environment for other individuals, families that are walking in the parks and want to take their kids, the business owners that live by here," Shupe said.
Shupe said he would prefer to see increased state investment in local nonprofit organizations that provide services to people experiencing homelessness.
House Bill 454 has been assigned to the House Housing Committee for further review.
