Pennsylvania 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.

Bill Text

PRIOR PRINTER'S NO. 2586 PRINTER'S NO. 3276
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
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 27, 2026
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 70A
PERMITTED USE OF PUBLIC SPACE
Sec.
70A01. Definitions.
70A02. Permitted use of public space.
70A03. Affirmative defense.
70A04. Enforcement.
§ 70A01. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adequate alternative indoor space." A space that is legally
and physically accessible to an individual and that does not
require the individual to sacrifice any other personal right
afforded to them under Federal, State or local law. All of the
following shall apply:
(1) An adequate alternative indoor space must satisfy
all of the following:
(i) Be available indefinitely to the individual
without requiring daily reapplication.
(ii) Be free of charge.
(iii) Accommodate any disabilities.
(iv) Accept pets.
(v) Accommodate partners, whether the partners are
legally married or not, family members or other support
individuals.
(vi) Accommodate the individual's personal property.
(2) A tiny home or similar structure may be an adequate
alternative indoor space if the tiny home or similar
structure is climate-controlled, as appropriate to the local
climate conditions, and possesses all of the following:
(i) Locking doors.
(ii) Individual sanitary and cooking facilities or
common facilities sufficient to meet the needs of the
tiny home community.
(3) An adequate alternative indoor space in a
neighboring municipal corporation is presumptively
inaccessible unless adequate transportation is available at
no cost to the individual to ensure that the individual can
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attend to any personal or professional business in the
municipal corporation of origin.
"Individual experiencing homelessness." An individual
lacking a fixed, regular and adequate nighttime residence,
including any of the following:
(1) Individuals sharing the housing of other individuals
due to loss of housing, economic hardship or a similar
reason.
(2) Individuals living in motels, hotels, trailer parks
or camping grounds due to the lack of alternative adequate
accommodations.
(3) Individuals living in emergency or transitional
shelters.
(4) Individuals abandoned in hospitals.
(5) Individuals awaiting foster care placement.
(6) Individuals living in a private place not designed
for or ordinarily used as a regular sleeping accommodation
for human beings within the meaning of 42 U.S.C. § 11302(a)
(2) (relating to general definition of homeless individual).
(7) Individuals living in cars, parks, public spaces,
abandoned buildings, substandard housing, bus or train
stations or similar settings.
(8) Individuals who meet the definition of "homeless
children and youths" as defined in 42 U.S.C. § 11434a(2)
(relating to definitions), regardless of whether an
individual is a child or youth.
"Life-sustaining activity." Moving, resting, sitting,
standing, lying down, sleeping, protecting oneself from the
natural elements, eating, drinking and storing personal property
as needed to safely shelter oneself.
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"Municipal corporation." As defined in 8 Pa.C.S. § 101.1
(relating to definitions).
"Public space." Any property that is owned or leased, in
whole or in part, by the Commonwealth or a municipality or any
property upon which there is an easement for public use and that
is held open to the public, or any Federal land that is open to
the public, where State or local law enforcement has
jurisdiction to enforce State or local laws, including plazas,
courtyards, parking lots, sidewalks, public transportation
facilities and services, public buildings, shopping centers,
underpasses and lands adjacent to roadways and parks.
"Recreational vehicle." A travel trailer, camping trailer,
park trailer, camper, camper motor home or similar accommodation
that is primarily designed as temporary living quarters for
recreational camping or for seasonal or travel use and either