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HD 4034

An Act to limit criminalization of the homeless

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

Massachusetts bill limits criminal penalties for homeless individuals by restricting prosecution of survival-related offenses, shifting focus toward housing solutions instead of incarceration.

Senate concurred
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Bill Summary · HD 4034

Legislative bill overview

HD 4034 seeks to reduce criminal penalties applied to homeless individuals by limiting which offenses related to homelessness can result in criminalization. The bill, introduced by Rep. Michelle DuBois in Massachusetts, restricts how broadly existing criminal statutes are applied to people experiencing housing insecurity. It was referred to the Housing committee after Senate concurrence in late February 2025.

Why is this important

Homeless individuals currently face disproportionate arrest rates for activities tied to survival (sleeping, camping, sitting in public spaces), which can create cycles of incarceration that worsen housing instability. This bill attempts to redirect the criminal justice response toward housing solutions rather than jail time, potentially reducing costs to the state while addressing root causes of homelessness. The approach reflects a growing policy shift away from criminalization toward decriminalization and housing-first models.

Potential points of contention

  • Public space and quality-of-life concerns: Communities may worry that limiting enforcement of camping, loitering, or sanitation-related ordinances will increase visible homelessness in public areas and potentially affect local businesses and residents' sense of safety.
  • Resource allocation and implementation: Decriminalization requires corresponding investment in alternative services (shelters, mental health treatment, addiction services); without adequate funding, the bill may simply shift problems without solving them.
  • Definitional ambiguity: The bill's language on which specific offenses are excluded from criminalization may be unclear or subject to legal challenge, creating enforcement inconsistency across jurisdictions.

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

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