Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB2028

Introduced

11/12/25

Refer

11/12/25

Caption

Providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.

Impact

The implications of HB 2028 are significant for state laws regarding homelessness and the use of public spaces. By legally establishing the right for individuals experiencing homelessness to utilize public spaces without penalty, it challenges existing ordinances that criminalize these activities. Furthermore, the bill amends the legal framework concerning sovereign immunity, holding state and local government entities accountable for rules that contravene the rights established in this chapter. This shift seeks to enhance protections for vulnerable populations against unjust enforcement and to promote a more humane approach to public space utilization.

Summary

House Bill 2028 aims to amend the Pennsylvania Consolidated Statutes by providing specific rights concerning the permitted use of public spaces for individuals experiencing homelessness. The bill outlines that such individuals can engage in life-sustaining activities, such as resting or storing personal belongings, in public spaces, provided they do not obstruct traffic or public walkways, unless they have access to adequate alternative indoor space. Additionally, the bill establishes protections for personal property stored in public spaces, ensuring that individuals are not unduly penalized for engaging in necessary activities related to their survival.

Sentiment

The sentiment surrounding House Bill 2028 appears to be largely supportive among advocates for homelessness rights and social justice. Proponents view the legislation as a necessary step toward recognizing the dignity of individuals facing housing insecurity. However, there are notable points of contention, particularly regarding the balance between community safety and the rights of vulnerable populations. Critics may express concern over the complexities of implementation and the potential for misinterpretation of the bill's provisions, leading to misuse or inadequate support for the intended beneficiaries.

Contention

A significant point of contention within the discussions around HB 2028 is the definition of 'adequate alternative indoor space' and the criteria that must be met for such spaces to exist. As this term encompasses various factors, including accessibility, cost, and the accommodation of personal property, debates have emerged regarding the feasibility of meeting these standards in practice. Moreover, the opposition may raise questions about the implications of increasing access to public spaces for life-sustaining activities, leading to potential conflicts with community members or local governance efforts aimed at public safety and order.

Companion Bills

No companion bills found.

Previously Filed As

PA SB1089

Providing for permitted use of public space; and, in matters affecting government units, further providing for exceptions to sovereign immunity.

PA HB462

In limitation of time, further providing for infancy, insanity or imprisonment; in matters affecting government units, further providing for exceptions to sovereign immunity and for exceptions to governmental immunity; and making a repeal.

PA HB545

In limitation of time, further providing for six months limitation; in matters affecting government units, further providing for exceptions to sovereign immunity, for limitations on damages and for exceptions to governmental immunity and providing for claims for compensation for wrongful conviction; in general administration, providing for services after wrongful conviction; and, in Pennsylvania Board of Probation and Parole, further providing for powers and duties of department.

PA SB54

PA HB2469

In public-private transportation partnerships, further providing for definitions, for operation of board and for sovereign immunity.

PA SB458

In procedure, further providing for exceptions for public records.

PA HB868

In procedure, further providing for exceptions for public records; and, in judicial review, further providing for fee limitations.

PA HB802

In procedure, further providing for exceptions for public records.

PA HB1907

In access, further providing for requests; in procedure, further providing for exceptions for public records; and, in judicial review, further providing for fee limitations.

PA SB194

Amending Titles 45 (Legal Notices) and 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in preliminary provisions, further providing for definitions; in legal advertising, further providing for use of trade publications and providing for local government unit advertising requirements; and, in open meetings, further providing for definitions.