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HA 1 to HB 135

Delaware House bill in Session 153.

Status: introduced. Latest action: April 30, 2026.

This Amendment makes the following changes to HB 135: 1. Removes the requirement that an alternative indoor space be available “indefinitely” to an individual experiencing homelessness. 2. Clarifies that adequate alternative indoor space must “reasonably” accommodate an individual’s personal property. 3. Replaces the definition of public space with a definition that clarifies that a public space is limited to an outdoor or indoor area owned or controlled by a governmental entity that is open to the general public without restriction as to the identity or purpose of those present. 4. Clarifies that a public space does not include private property. 5. Clarifies that a public space does not include a facility or area that is restricted to a specific intended user and is not open to the public at-large such as public schools. 6. Clarifies that a public space is not a space that requires a permit, license, or registration to access. 7. Clarifies that State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness. 8. Deletes a provision from the bill that creates an affirmative defense to a violation of a statute or ordinance that criminalizes life-sustaining activities. 9. Adds a provision to the bill that clarifies that individuals experiencing homelessness are still subject to all other laws of the State, including laws protecting public safety so long as the laws are not enforced in a manner that disproportionately targets individuals experiencing homelessness.

Bill ID DE-153-HA-1-TO-HB-135
Session 153
Status introduced
House introduced 2026-04-30
Summary

This Amendment makes the following changes to HB 135: 1. Removes the requirement that an alternative indoor space be available “indefinitely” to an individual experiencing homelessness. 2. Clarifies that adequate alternative indoor space must “reasonably” accommodate an individual’s personal property. 3. Replaces the definition of public space with a definition that clarifies that a public space is limited to an outdoor or indoor area owned or controlled by a governmental entity that is open to the general public without restriction as to the identity or purpose of those present. 4. Clarifies that a public space does not include private property. 5. Clarifies that a public space does not include a facility or area that is restricted to a specific intended user and is not open to the public at-large such as public schools. 6. Clarifies that a public space is not a space that requires a permit, license, or registration to access. 7. Clarifies that State and local governments may make and enforce reasonable time restrictions or entrance fees on public spaces so long as the time restrictions or entrance fees apply to all individuals in the same manner and are not disproportionately enforced against individuals experiencing homelessness. 8. Deletes a provision from the bill that creates an affirmative defense to a violation of a statute or ordinance that criminalizes life-sustaining activities. 9. Adds a provision to the bill that clarifies that individuals experiencing homelessness are still subject to all other laws of the State, including laws protecting public safety so long as the laws are not enforced in a manner that disproportionately targets individuals experiencing homelessness.

Sponsor
Phillips
Official Source Back to Bills
Actions Timeline
Date Event Detail
2026-04-30 Introduced Bill introduced
2026-04-30 Status introduced
2026-04-30 Latest Action Introduced and Placed With Bill
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