WeVote
Log In

Bill

Bill

HB 104

Unhoused Individuals - Rights and Affirmative Defense

2026 Regular Session Introduced by Bernice Mireku-North

HB 104 creates legal protections and affirmative defenses for Maryland's unhoused individuals to reduce criminalization of survival-related activities.

Hearing 2/03 at 1:00 p.m.
0
WeVote Research Nonpartisan
Bill Summary · HB 104

Legislative bill overview

HB 104 establishes legal rights and protections for unhoused individuals in Maryland, including creating an affirmative defense in certain legal proceedings. The bill appears designed to prevent criminal charges or provide legal relief for homeless individuals engaged in survival-related activities. This represents an expansion of legal accommodations based on housing status.

Why is this important

Homelessness intersects with criminal justice in significant ways—unhoused people are often cited or arrested for activities like sleeping in public, panhandling, or loitering. By creating an affirmative defense, the bill could reduce criminalization of survival behaviors and shift how courts handle cases involving homeless defendants. This has implications for both criminal justice costs and how communities address homelessness.

Potential points of contention

  • Scope of "affirmative defense": The specific behaviors covered remain unclear from available information; opponents may argue it's too broad, supporters may argue it's too narrow
  • Public space management: Cities and business districts may express concerns about enforcement of loitering or quality-of-life ordinances
  • Implementation costs: Questions about how courts, police, and social services will administer these protections, and whether adequate support services exist

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

Sign in to ask a question.