Arizona HB 4123: homelessness rights; criminal liability

Bill Text

HB4123 - 572R - I Ver 

 REFERENCE TITLE: homelessness rights; criminal liability

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 4123

 Introduced by 

 Representatives 
 Austin: Abeytia, Aguilar, Cavero, Crews, Garcia, Hernandez C, Liguori, 
 Sandoval, Simacek, Stahl Hamilton, Villegas, Volk

AN 
ACT

Amending title 1, Arizona Revised 
Statutes, by adding chapter 9; amending title 13, chapter 2, Arizona Revised 
Statutes, by adding section 13-207; relating to homeless persons.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, Arizona Revised Statutes, 
is amended by adding chapter 9, to read:

CHAPTER 9

HOMELESSNESS RIGHTS

ARTICLE 1. HOMELESS PERSONS' BILL OF RIGHTS

START_STATUTE1-901. Homeless persons' bill of rights; attorney fees and costs

A. A person's rights, privileges or 
access to public services may not be denied or abridged solely because the 
person is homeless. A homeless person has the same rights and 
privileges as any other resident of this state.� A person experiencing 
homelessness:

1. Has the right to use and move 
freely in public spaces, including public sidewalks, public parks, public 
transportation and public buildings, in the same manner as any other person and 
without discrimination on the basis of the person's housing status.

2. Has the right to equal treatment 
by all state, county and municipal agencies without discrimination on the basis 
of housing status.

3. Has the right not to face 
discrimination while seeking or maintaining employment due to the person's lack 
of permanent mailing address or the person's mailing address being that of a 
shelter or social service provider.

4. Has the right to emergency medical 
care that is free from discrimination based on the person's housing status.

5. Has the right to vote, register to 
vote and receive documentation that is necessary to prove identity for voting 
without discrimination due to the person's housing status.

6. Has the right to both of the 
following:

(a) Protection 
from the person's records and information that is provided to homeless shelters 
and service providers from being disclosed to state, county, municipal and 
private entities without appropriate legal authority.

(b) Confidentiality 
of personal records and information in accordance with all limits on disclosure 
that are established by the federal homeless management information system, the 
federal health insurance portability and accountability act and the federal 
violence against women act.

7. Has the right to a reasonable 
expectation of privacy in the person's personal property to the same extent as 
personal property in a permanent residence.

8. Has the right to enter a homeless 
shelter while possessing a service animal as defined in the Americans with 
disability act as defined in section 41-1492.

B. In any civil action that alleges a 
violation of this section, the court may award appropriate injunctive and 
declaratory relief, actual damages and reasonable attorney fees and costs to a 
prevailing plaintiff. END_STATUTE

Sec. 2. Title 13, chapter 2, Arizona Revised 
Statutes, is amended by adding section 13-207, to read:

START_STATUTE13-207. Criminal liability for sitting, sleeping or lying outside on 
public property while homeless

Notwithstanding any other law, a person is not 
criminally liable and may not be charged with or convicted of an offense that 
prohibits the person from sitting, lying or sleeping in or on public property 
if, at the time of the act, both of the following apply:

1. The person is homeless.

2. There is no space available for 
the person to sleep in a homeless shelter. END_STATUTE