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| Public Act 098-0516 | ||||
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AN ACT in relation to homeless persons.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Bill | ||||
of
Rights for the Homeless Act.
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Section 5. Legislative intent. It is the long-standing | ||||
policy of
this
State that no person should suffer unnecessarily | ||||
from cold or
hunger, be
deprived of shelter or the basic rights | ||||
incident to shelter, or be subject to unfair discrimination | ||||
based on his or her homeless status.
At the present time, many | ||||
persons have been rendered homeless as
a result
of economic | ||||
hardship, a severe shortage of safe and affordable housing,
and
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a shrinking social safety net. It is
the intent of this
Act to | ||||
lessen the adverse effects and conditions caused by the lack of
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residence or a home.
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Section 10. Bill of
Rights. | ||||
(a) No person's rights, privileges, or access to
public | ||||
services may be denied or abridged solely because he or she is
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homeless. Such a person shall be granted the same rights and | ||||
privileges as
any
other citizen of this State. A person | ||||
experiencing homelessness has the following rights:
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(1) the right to use and move freely in public spaces, | ||||
including but not limited to
public sidewalks, public | ||
parks, public transportation, and public buildings, in the | ||
same manner as
any other person and without discrimination | ||
on the basis of his or her housing status;
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(2) the right to equal treatment by all State and | ||
municipal agencies, without
discrimination on the basis of | ||
housing status;
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(3) the right not to face discrimination while | ||
maintaining employment due
to his or her lack of permanent | ||
mailing address, or his or her mailing address being that | ||
of a
shelter or social service provider;
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(4) the right to emergency medical care free from | ||
discrimination based on his or her
housing status;
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(5) the right to vote, register to vote, and receive | ||
documentation necessary to prove
identity for voting | ||
without discrimination due to his or her housing status;
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(6) the right to protection from disclosure of his or | ||
her records and information
provided to homeless shelters | ||
and service providers to State, municipal, and private | ||
entities
without appropriate legal authority; and the | ||
right to confidentiality of personal records and
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information in accordance with all limitations on | ||
disclosure established by the federal Homeless
Management | ||
Information Systems, the federal Health Insurance | ||
Portability and Accountability
Act, and the federal | ||
Violence Against Women Act; and
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(7) the right to a reasonable expectation of privacy in | ||
his or her personal property to
the same extent as personal | ||
property in a permanent residence.
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(b)
As used in this Act, "housing status" means the status | ||
of
having or not having a fixed or regular residence, including
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the status of living on the streets, in a shelter, or in a
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temporary residence.
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Section 15. Damages and attorney's fees. In any civil | ||
action alleging a violation of this
Act, the court may award | ||
appropriate injunctive and declaratory relief, actual damages, | ||
and
reasonable attorney's fees and costs to a prevailing | ||
plaintiff.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||