HB 2028 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.

PRINTER'S NO.   2586

                     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

     REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 12, 2025


                                     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:
10                                CHAPTER 70A
11                       PERMITTED 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
11          without 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
16          legally married or not, family members or other support
17          individuals.
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
25          common facilities sufficient to meet the needs of the
26          tiny 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

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 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.

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 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

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 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 and the vehicle is
21      not parked in a position that obstructs the flow of traffic.
22      An individual experiencing homelessness shall not be required
23      to move a motor vehicle or a recreational vehicle that is on
24      private property with the permission of the private property
25      owner.
26            (2)   If a motor vehicle or recreational vehicle must be
27      moved because the vehicle is obstructing the flow of traffic,
28      the individual experiencing homelessness shall be permitted
29      to relocate the vehicle before a parking ticket is issued or
30      the vehicle is towed. The individual experiencing

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 1      homelessness shall be permitted to retrieve items from a
 2      towed vehicle and to retrieve the vehicle from storage free
 3      of charge or at a reduced rate upon consideration of ability
 4      to pay.
 5   § 70A03.    Affirmative defense.
 6      (a)     Defense.--It shall be an affirmative defense to a charge
 7   of violating a statute or ordinance criminalizing life-
 8   sustaining activity permitted under section 70A02 (relating to
 9   permitted use of public space) that the individual experiencing
10   homelessness had no access to an adequate alternative indoor
11   space in which to undertake the prohibited conduct.
12      (b)     Court notice.--The trial court shall notify the charged
13   individual of the availability of the defense under subsection
14   (a) and how to raise the defense.
15      (c)     Rebuttable presumption and burden.--Once the defense is
16   raised, there shall be a rebuttable presumption that adequate
17   alternative indoor space did not exist, and the burden shall be
18   on the prosecutor to prove the availability of an adequate
19   alternative indoor space.
20   § 70A04.    Enforcement.
21      (a)     Attorney General.--The Attorney General shall have
22   authority to bring a civil action on behalf of the Commonwealth
23   against any State or local government or government official
24   that violates, or implements or enforces a rule, ordinance,
25   regulation, law, policy or practice that violates, this chapter.
26   The court shall hold unlawful and set aside the rule, ordinance,
27   regulation, law, policy or practice if it is in violation of
28   this chapter.
29      (b)     Private right of action.--An individual or organization
30   adversely affected by a violation of this chapter may commence a

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 1   civil action against any State or local government or government
 2   official that violates, or implements or enforces a rule,
 3   ordinance, regulation, law, policy or practice that violates,
 4   this chapter. The court shall hold unlawful and set aside the
 5   rule, ordinance, regulation, law, policy or practice if it is in
 6   violation of this chapter.
 7      (c)    Equitable relief.--In any action under this section, the
 8   court may award appropriate equitable relief, including
 9   temporary, preliminary or permanent injunctive relief.
10      (d)    Costs.--In any action under this section, the court
11   shall award costs of litigation, as well as reasonable attorney
12   fees, to a prevailing plaintiff. A plaintiff shall not be liable
13   to a defendant for costs or attorney fees in any nonfrivolous
14   action under this section.
15      (e)    Jurisdiction.--Commonwealth Court shall have original
16   jurisdiction over proceedings under this section. Commonwealth
17   Court shall exercise its jurisdiction without regard to whether
18   the aggrieved party has exhausted all administrative or other
19   remedies that may be provided by law.
20      Section 2.      Section 8522(b) of Title 42 is amended by adding
21   a paragraph to read:
22   § 8522.    Exceptions to sovereign immunity.
23      * * *
24      (b)    Acts which may impose liability.--The following acts by
25   a Commonwealth party may result in the imposition of liability
26   on the Commonwealth and the defense of sovereign immunity shall
27   not be raised to claims for damages caused by:
28             * * *
29             (11)    Permitted use of public space.--The implementation
30      or enforcement of a rule, ordinance, regulation, law, policy

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1     or practice that violates Chapter 70A (relating to permitted
2     use of public space).
3     Section 3.    This act shall take effect in 60 days.




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