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HF 5004

Penalties for certain uses of public land by homeless individuals prohibited, affirmative defense in criminal proceedings provided, and civil remedies provided.

2025-2026 Regular Session Introduced by Leigh Finke and 1 co-sponsor

Prohibits penalties for homeless people’s life-sustaining activities on public land when no adequate indoor space is available, with a civil remedy and affirmative criminal defense

Introduction and first reading, referred to Elections Finance and Government Operations
#governmentaloperations-local #lands
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WeVote Research Nonpartisan
Bill Summary · HF 5004

Summary of HF 5004 (2025-2026) – Minnesota

This summary outlines the main purpose, key provisions, affected groups, and procedural/timeline aspects of HF 5004, introduced in the Minnesota House during the 2025-2026 session. The bill addresses rights and protections for homeless individuals regarding uses of public land, provides an affirmative defense in certain criminal prosecutions, and creates civil remedies.

1. Purpose and intent

  • The bill aims to prohibit penalties against homeless individuals for certain life-sustaining activities conducted on public land.
  • It provides an affirmative defense in criminal proceedings for life-sustaining activities performed when no adequate indoor space is available.
  • It creates civil remedies to allow aggrieved individuals to seek damages and equitable relief for violations of these protections.
  • It preempts conflicting local ordinances and clarifies the construction and enforcement of the new provisions.
  • It defines terms and sets an effective date (August 1, 2026) for actions accruing after that date.

2. Key provisions and changes

A. Creation of new law: Minnesota Statutes, chapter 363B

  • Establishes section 363B.01: Use of Public Land for a Life-Sustaining Activity
    • Definitions:
    • Adequate alternative indoor space: a legally and practically accessible indoor area that is available indefinitely at no cost, permits the homeless individual to reside with accompanying persons or pets if allowed, and includes spaces like tiny homes with locking doors, climate control, and sanitary/cooking facilities (or a shared community with facilities). May include permitted parking areas with sanitary facilities.
    • Homeless individual: as defined in statute 116L.361, subdivision 5.
    • Life-sustaining activity: activities essential to survival (moving, resting, sitting, standing, lying down, sleeping, protecting personal property, eating, drinking).
    • Public land: government-owned or leased property open to the public (plazas, sidewalks, parks, transit facilities, etc.).
    • Municipality: city, county, or town.
    • Motor vehicle and recreational vehicle definitions align with existing state law.
  • Subd. 2. Penalties prohibited
    • Municipalities may not penalize a homeless individual for certain uses of public land, including:
    • Conducting life-sustaining activities on public land when an adequate indoor space is not available.
    • Moving freely in places of public accommodation.
    • Soliciting or accepting food, water, or donations.
    • Storing possessions and maintaining privacy in personal property.
    • Prayer, meditation, worship, or religious practice.
    • Occupying a lawfully parked motor vehicle or RV.
    • Relocating a motor vehicle used for a life-sustaining activity and accessing items from storage or retrieving the vehicle at reduced or free rates based on ability to pay.
  • Subd. 3. Enforcement; remedies
    • The Attorney General has authority to investigate and prosecute violations.
    • Civil action: an individual harmed by a violation may sue for redress in district court. Remedies may include:
    • Damages, costs, disbursements, including reasonable attorney fees (for prevailing plaintiff).
    • Injunctive relief and other appropriate equitable relief.
    • No obligation for costs or attorney fees against a defendant in a nonfrivolous action.
  • Subd. 4. Local preemption
    • The new statute preempts inconsistent local ordinances, regulations, or rules.
  • Subd. 5. Construction
    • Clarifies that the bill does not authorize discrimination protections to interfere with homeless individuals’ rights to be free from discrimination based on housing status, or to interfere with other constitutional rights (e.g., protection from cruel and unusual punishment).
  • Effective date
    • Effective August 1, 2026, applicable to causes of action accruing on or after that date.

B. Defense in criminal proceedings: Minnesota Statutes, section 609.077

  • Subd. 1. Definitions
    • Adequate alternative indoor space and life-sustaining activity definitions mirror those in 363B.01.
  • Subd. 2. Defense
    • An affirmative defense to a charge for a statute or ordinance that criminalizes a life-sustaining activity if the individual did not have access to an adequate alternative indoor space.
    • Relevance of availability of an alternative indoor space outside the charging municipality is limited unless the individual was offered transportation at no cost.
    • If charged individual is unrepresented, the court must inform them about the defense and how to raise it.
    • There is a rebuttable presumption that an adequate alternative indoor space did not exist; the municipality bears the burden of proving otherwise.

3. Who is affected

  • Homeless individuals engaging in life-sustaining activities on public land in Minnesota.
  • Municipalities (cities, counties, towns) that regulate use of public land and enforcement practices.
  • The Minnesota Attorney General (for enforcement and investigation of violations).
  • Civil plaintiffs who believe their rights under the new statute have been violated may pursue civil remedies in district court.

4. Procedural and timeline aspects

  • The act creates a new civil cause of action and a new criminal defense.
  • The statute is effective August 1, 2026; only actions accruing on or after that date are covered.
  • Local governments must comply with the preemption provision, as it supersedes conflicting local rules.
  • Courts must inform defendants of the affirmative defense if they are unrepresented, and the defense places the burden on the municipality to show the absence of an adequate indoor space.

5. Practical implications

  • The bill seeks to reduce penalties against homeless people for life-sustaining activities on public land when indoor options are unavailable, while enabling civil and criminal processes to address violations of these protections.
  • Creates potential data collection and enforcement challenges for municipalities as to what constitutes an “adequate indoor space.”
  • May influence how municipalities address seating, resting areas, storage, sanitation access, and parking for people experiencing homelessness.
  • Local ordinances that conflict with HF 5004 would be superseded by the new state law.

For readers seeking specifics, the bill provides explicit definitions, listed activities protected on public land, and the remedies available in civil court, alongside an affirmative criminal defense and a clear effective date.

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

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