093_HB2608

 
                                     LRB093 06999 DRJ 07149 b

 1        AN ACT in relation to homeless persons.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Bill of Rights for the Homeless Act.

 6        Section  5.  Legislative  intent.  It is the longstanding
 7    policy  of    this  State  that  no  person   should   suffer
 8    unnecessarily from cold or  hunger, or be deprived of shelter
 9    or the basic rights incident to shelter. At the present time,
10    many  persons  have  been  rendered  homeless as  a result of
11    economic adversity, a severe shortage of affordable housing,
12    and increased stress due to the complexity  of  daily  living
13    that  has   created an inability on the part of those persons
14    to interact in society.  It is  the intent  of  this  Act  to
15    lessen  the adverse affects and conditions caused by the lack
16    of residence or a home.

17        Section 10.  Bill of Rights.
18        (a)  No person's rights, privileges, or access to  public
19    services  may  be denied or abridged solely because he or she
20    is homeless.  Such a person shall be granted the same  rights
21    and  privileges  as   any other citizen of this State.  These
22    rights include but are not limited to the following:
23             (1)  The right to live  in  any  community  in  this
24        State in  which he or she can afford to live.
25             (2)  The   right   to   choose   a  type  of  living
26        arrangements  in    accordance  with  local   regulations
27        without  harrassment  or  interference  from    any other
28        citizen or from any public or private entity.
29             (3)  The   right   to   employment   and    training
30        opportunities  in    accordance with his or her interests
 
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 1        and abilities.
 2             (4)  The right to access to emergency medical health
 3        services in any health care facility  doing  business  in
 4        this State.
 5             (5)  The  right  to  manage  his or her own personal
 6        finances notwithstanding his or her living arrangements,
 7        unless  (i)  the  person  voluntarily  signs  a   written
 8        agreement,   sworn  to  and  witnessed  before  a  notary
 9        public, authorizing an individual or agency to manage his
10        or her finances or  (ii) the person  has  been  ruled  or
11        adjudicated  by  a  court of competent jurisdiction to be
12        incompetent to  manage his or her financial affairs.
13             (6)  The right to not be coerced or penalized in any
14        way  for not taking any medication or for not  undergoing
15        any  medical treatment that has not  been authorized by a
16        qualified physician.
17             (7)  In the case of a group  living  arrangement  or
18        long-term    care facility, the right to receive and sign
19        any check, voucher, or  other  warrant  or  legal  tender
20        issued  in  his  or  her  name   before the moneys may be
21        expended by the person's landlord or a  public or private
22        agency, unless the person waives the right in  a  writing
23        sworn  to  before  a  notary    public.  If the person is
24        unable to sign his or her name, the  person may make  his
25        or  her  signature  with  an  "X" that is  witnessed by 2
26        other persons not employed or  directly  associated  with
27        the    landlord  or  agency,  preferably  a  relative  or
28        guardian  of  the  person  or  someone  designated by the
29        person beforehand.
30             (8)  The right to vote,  which  may  not  be  denied
31        solely    because  the  person  does not have a permanent
32        residence.
33             (9)  The right not to be forced out of any permanent
34        public    or  private  shelter  during  the  period  from
 
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 1        December 1 of any year through March 1 of  the  following
 2        year,  during   any week in which the outside temperature
 3        is 32 degrees  Fahrenheit or below.
 4             (10)  The right to not be  forced  to  live  in  any
 5        shelter, institution, or other living arrangement against
 6        his  or her  will, unless the person has been adjudicated
 7        by a court of competent  jurisdiction as  being  mentally
 8        incompetent  and  poses a threat to himself or herself or
 9        society.
10             (11)  The right of visitation with  family  members,
11        friends,  clergy, and professional or public  consultants
12        notwithstanding the person's living arrangements, as long
13        as the visitation does  not  interfere  with  the  smooth
14        operation of the person's place  of residence.
15             (12)  The   right  to  receive  public  services  or
16        accommodations offered to any other citizen of this State
17        in accordance, with  established  eligibility  guidelines
18        for those services.
19        (b)  The  Department  of  Public Health shall monitor and
20    enforce  the    rights  of  homeless  persons  set  forth  in
21    subsection (a).  The Department  may designate  one  or  more
22    local  health departments or local health officers to monitor
23    and enforce  those rights.

24        Section  15.  Penalty  for  violation of rights. A person
25    who  violates any of the rights of homeless persons set forth
26    in subsection (a) of Section  10  is  guilty  of  a  Class  B
27    misdemeanor,  unless  a  different  penalty  is prescribed in
28    this Section.  A person who violates paragraph  (6) or (7) of
29    subsection  (a)  of  Section  15  is  guilty  of  a  Class  A
30    misdemeanor.

31        Section 20.  DCCA; housing assistance. The Department  of
32    Commerce    and Community Affairs may establish priorities of
 
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 1    eligibility for temporary rental or other  housing assistance
 2    among the various categories of  persons  needing  assistance
 3    in   obtaining   or  retaining  housing,  including,  without
 4    limitation,  persons  subject  to  immediate   eviction   for
 5    nonpayment  of rent or subject to foreclosure  for nonpayment
 6    of mortgage installments or property taxes,  when  nonpayment
 7    is attributable to illness, unemployment, underemployment, or
 8    any  other   failure of lack of resources beyond the person's
 9    control.