93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4116

 

Introduced 1/15/2004, by Wyvetter H. Younge

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Bill of Rights for the Homeless Act. Sets forth certain rights of homeless persons, including the right to live in any community in the State, the right to choose living arrangements, and the right to employment and training opportunities. Directs the Department of Human Rights to monitor and enforce homeless persons' rights, and provides criminal penalties for violations of those rights. Authorizes the Department of Commerce and Economic Opportunity to establish priorities of eligibility for temporary rental or other housing assistance among the various categories of persons needing assistance in obtaining or retaining housing.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Bill
5 of Rights for the Homeless Act.
 
6     Section 5. Legislative intent. It is the long-standing
7 policy of this State that no person should suffer unnecessarily
8 from cold or hunger, or be deprived of shelter or the basic
9 rights incident to shelter. At the present time, many persons
10 have been rendered homeless as a result of economic adversity,
11 a severe shortage of affordable housing, and increased stress
12 due to the complexity of daily living that has created an
13 inability on the part of those persons to interact in society.
14 It is the intent of this Act to lessen the adverse affects and
15 conditions caused by the lack of residence or a home.
 
16     Section 10. Bill of Rights.
17     (a) No person's rights, privileges, or access to public
18 services may be denied or abridged solely because he or she is
19 homeless. Such a person shall be granted the same rights and
20 privileges as any other citizen of this State. These rights
21 include but are not limited to the following:
22         (1) The right to live in any community in this State in
23     which he or she can afford to live.
24         (2) The right to choose a type of living arrangements
25     in accordance with local regulations without harassment or
26     interference from any other citizen or from any public or
27     private entity.
28         (3) The right to employment and training opportunities
29     in accordance with his or her interests and abilities.
30         (4) The right to access to emergency medical health
31     services in any health care facility doing business in this

 

 

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1     State.
2         (5) The right to manage his or her own personal
3     finances notwithstanding his or her living arrangements,
4     unless (i) the person voluntarily signs a written
5     agreement, sworn to and witnessed before a notary public,
6     authorizing an individual or agency to manage his or her
7     finances, (ii) the person resides in a shelter for homeless
8     persons and has enrolled in a savings program designed to
9     provide rent money upon the person's departure from the
10     shelter, or (iii) the person has been ruled or adjudicated
11     by a court of competent jurisdiction to be incompetent to
12     manage his or her financial affairs.
13         (6) The right to not be coerced or penalized in any way
14     for not taking any medication or for not undergoing any
15     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 any
19     check, voucher, or other warrant or legal tender issued in
20     his or her name before the moneys may be expended by the
21     person's landlord or a public or private agency, unless the
22     person waives the right in a writing sworn to before a
23     notary public. If the person is unable to sign his or her
24     name, the person may make his or her signature with an "X"
25     that is witnessed by 2 other persons not employed or
26     directly associated with the landlord or agency,
27     preferably a relative or guardian of the person or someone
28     designated by the person beforehand.
29         (8) The right to vote, which may not be denied solely
30     because the person does not have a permanent residence.
31         (9) The right of visitation with family members,
32     friends, clergy, and professional or public consultants
33     notwithstanding the person's living arrangements, as long
34     as the visitation does not interfere with the smooth
35     operation of the person's place of residence.
36         (10) The right to receive public services or

 

 

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1     accommodations offered to any other citizen of this State
2     in accordance, with established eligibility guidelines for
3     those services.
4         (11) The right to confidentiality of records. Homeless
5     shelters shall obtain a voluntary written release from a
6     homeless person prior to disclosing any personal
7     information regarding the homeless person, including, but
8     not limited to, name, social security number, and birth
9     date, except in aggregate form. The right to
10     confidentiality of records includes the dissemination of
11     materials to other agencies, either private or public. The
12     homeless person shall be given the option of whether to
13     release records via informed consent, based on guidelines
14     from the Office of Human Research Protections, United
15     States Department of Health and Human Services, including:
16             (A) the expected duration of the subject's
17         participation;
18             (B) an explanation of whom to contact for answers
19         to pertinent questions about the research and research
20         subjects' rights, and whom to contact in the event of a
21         research-related injury to the subject;
22             (C) a statement that participation in releasing
23         records is voluntary, refusal to participate will
24         involve no penalty or loss of benefits to which the
25         subject is otherwise entitled, and the subject may
26         discontinue participation in the record release at any
27         time without penalty or loss of benefits to which the
28         subject is otherwise entitled;
29             (D) a description of any reasonably foreseeable
30         risks or discomforts to the subject; and
31             (E) a statement describing the extent, if any, to
32         which confidentiality of records identifying the
33         subject will be maintained.
34     (b) The Department of Human Rights shall monitor and
35 enforce the rights of homeless persons set forth in subsection
36 (a). The Department may designate one or more local health

 

 

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1 departments or local health officers to monitor and enforce
2 those rights.
 
3     Section 15. DCEO; housing assistance. The Department of
4 Commerce and Economic Opportunity may establish priorities of
5 eligibility for temporary rental or other housing assistance
6 among the various categories of persons needing assistance in
7 obtaining or retaining housing, including, without limitation,
8 persons subject to immediate eviction for nonpayment of rent or
9 subject to foreclosure for nonpayment of mortgage installments
10 or property taxes, when nonpayment is attributable to illness,
11 unemployment, underemployment, or any other failure of lack of
12 resources beyond the person's control.