HB 4123
homelessness rights; criminal liability
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes rights for homeless individuals in Arizona, including protections against discrimination in public spaces, access to services, and privacy. It also modifies existing law to clarify that individuals experiencing homelessness are not subject to criminal charges for sitting or sleeping on public property if shelters are full. The bill aims to ensure equal treatment and access for those without permanent housing.
Key provisions
- Protects homeless individuals from discrimination in public spaces and services.
- Guarantees the right to equal treatment by state, county, and municipal agencies.
- Establishes rights regarding privacy of personal property and confidentiality of records.
- Prohibits criminal charges for sitting, lying, or sleeping on public property when shelters are full.
- Allows homeless individuals to vote and register to vote without discrimination.
- Provides for attorney fees and costs in cases of rights violations.
- Protects records held by homeless shelters and service providers from disclosure without legal authority.
- Recognizes the right to use service animals in homeless shelters.
Who is affected
- Homeless individuals
- State and county government agencies
- Municipal governments
- Shelters and social service providers
- The general public
Notable changes
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
| 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