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H 1498

An Act to limit criminalization of the homeless

194th Legislature (2025-2026) Introduced by Michelle DuBois

Limits fines and criminal penalties for homeless camping, protects housing/credit decisions from camping records, bans ICE notification, and shields homeless individuals' privacy.

Accompanied a study order, see H5352 (under House Rule 27)
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Bill Summary · H 1498

Summary: H.1498 – An Act to limit criminalization of the homeless

Purpose and intent
- The bill aims to reduce criminal penalties and punitive enforcement related to homelessness, specifically homelessness activities labeled as “homeless camping.” It also creates privacy and civil-procedure protections to prevent the use of such camping records against homeless individuals in housing and credit decisions, and it limits cooperation with federal immigration authorities in these contexts.

Key provisions (by section)

  • Section 1 (Housing records privacy)

    • Amends clause (ii) of clause (3) of subsection (a) of section 172 of chapter 6 to add a safeguard: the department shall not disclose to a housing evaluator any conviction or pending criminal offender record information that relates solely to homeless camping (as defined later in the bill).

  • Section 2 (Security/privacy for authorities)

    • Amends clause (7) of the same subsection to similarly prohibit disclosure of conviction or pending record information related solely to homeless camping to authorities evaluating housing applications.

  • Section 3 (Definition)

    • Introduces Section 37 in Chapter 23B: defines “homeless camping” as pitching, setting up, erecting, or occupying a temporary structure on public property to maintain a temporary place to live due to homelessness.

  • Section 4 (Municipal regulation and ICE non-notification)

    • Amends Section 21 of Chapter 40: cities/towns cannot enact bylaws imposing fines for homeless camping. They may, however, remove individuals who refuse to comply with a lawful notice to vacate public property. Municipalities cannot notify ICE when a person is cited, arrested, or removed for homeless camping.

  • Section 5 (Fines prohibition)

    • Amends Section 123 of Chapter 266 to add a provision that a person engaging in homeless camping shall not be punished by any fine.

  • Section 6 (Credit reporting safeguards)

    • Prohibits municipalities from reporting late or nonpayment of fines for homeless camping to credit information bureaus or other financial institutions.

Impacted parties
- Homeless individuals and those engaging in homeless camping on public property.
- Municipalities and local governing bodies (cities and towns) responsible for enforcement and fines.
- Housing evaluators, landlords, and housing authorities evaluating applicants.
- Credit reporting agencies and financial institutions.
- Immigration and law-enforcement interfaces (through the prohibition on ICE notification in these contexts).

Procedural and timeline aspects
- Introduced: February 27, 2025.
- Referred to: Committee on Housing (2025-02-27).
- Status: Hearing scheduled for October 15, 2025, from 1:00 PM to 5:00 PM in hearing room A-1.
- Related actions: Senate concurrence noted; House docket number 4034; HD 4034 is listed as related/replacing the bill version.

Significance
- The bill seeks to decriminalize certain homelessness-related activities by removing fines, restricting the use of homelessness camping records in housing and credit decisions, and limiting municipal enforcement that targets camping on public property. It also strengthens privacy protections for individuals experiencing homelessness in housing applications and reduces interactions with federal immigration authorities in these contexts.

Compiled from official sources — confirm details with the bill’s official record.

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