Illinois may ban ordinances or fines against homeless on public property

SPRINGFIELD, Ill. (WTVO) — Illinois legislators are considering a law that would prohibit cities from imposing fines or criminal penalties against homeless residents occupying public property.

House Bill 1429 would amend the Bill of Rights for the Homeless Act to prevent local governments from creating ordinances or giving fines, or criminal penalties to unsheltered homeless occupying or “engaging in life-sustaining activities” on public property.

The language of the bill does provide exceptions to maintain access to public property or address risks to public health or safety.

Last month, the Illinois Department of Human Rights (IDHR) and the Illinois Office to Prevent and End Homelessness issued a letter to public officials and local governments, after it learned “several units of local government have enacted or are considering enacting ordinances that may restrict access to public spaces by creating penalties, fines and, in some instances, providing for the incarceration of persons experiencing homelessness.”

“In the last 15 months, at least 25 Illinois communities have passed ordinances criminalizing unsheltered homelessness. These approaches lead to increased isolation, additional barriers to housing and unnecessary cycles of incarceration,” said Chief Homelessness Officer Christine Haley.

Rep. John Cabello (R-Machesney Park) told The Center Square, “You’re going to see people doing what you see and hear about in different parts of California, where people are defecating in the streets. There’s going to be homeless camps all over the place, and the police won’t be able to do anything about it.”

Cabello said the language of the bill, in relation to “life-sustaining activities,” is too broad, adding, “Bathing in a public area could necessarily be life-sustaining. Relieving yourself in public, life-sustaining.”

He added that many homeless people have a mental illness and are unaware of their actions.

In 2024, Illinois launched the “Home Illinois Anti-Homelessness Initiative,” a $360 million initiative to reach “functional zero” levels of homelessness (meaning that the community can house more than the number of homeless people in the area.)

Rockford has already taken strides, becoming the first community to reach those levels among veterans and the chronically homeless in 2017.

The Home Illinois program uses $118 million to support unhoused populations seeking shelter and services. An additional $40 million is used in the Emergency and Transitional Housing Program.

The program also spends $37 million to build 460 shelter units, $30 million on court-based rental assistance, and $21 million in homelessness prevention services.