Senate Bill 2615

AN ACT TO PROHIBIT A PERSON FROM SITTING, LYING, SLEEPING, OR STORING, USING, MAINTAINING OR PLACING PERSONAL PROPERTY UPON ANY STREET, SIDEWALK OR OTHER PUBLIC RIGHT-OF-WAY WITHIN 1,000 FEET OF A DEFINED SENSITIVE AREA OR A CRITICAL INFRASTRUCTURE AREA AND TO PROVIDE THAT VIOLATION OF THIS PROHIBITION IS A PUBLIC NUISANCE THAT CAN BE ABATED AND PREVENTED; TO PROVIDE THAT A VIOLATION OF THIS PROHIBITION MAY BE CHARGED AS A MISDEMEANOR; TO REQUIRE AT LEAST 48 HOURS' NOTICE BEFORE COMMENCEMENT OF ANY ENFORCEMENT ACTION; TO PROVIDE THAT CONVICTIONS UNDER THIS SECTION SHALL NOT APPEAR ON A PERSON'S PUBLIC RECORD; TO AUTHORIZE THE REMOVAL OF HOMELESS ENCAMPMENTS ON PRIVATE PROPERTY IN A HUMANE MANNER AFTER 72 HOURS' NOTICE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section, the following terms shall have the meaning ascribed herein:

(a) "Law enforcement officer" means a member of the municipal police department wherein the applicable property is located or a member of the local sheriff's department wherein the applicable property is located.

(b) "Sensitive area" means a public or private school, community college or university, a daycare or other residential facility, a public park or a library.

(c) "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the local governing authority or board of supervisors designates as being so vital and integral to the operation or functioning of the municipality or county or in need of protection that its damage, incapacity, disruption or destruction would have a debilitating impact on the public health, safety or welfare, including, but not limited to, roads, railroad rights-of-way, bridges, canals and other waterways, sewer plants, police and fire stations, drainage systems, financial institutions, electrical and natural gas pipelines or public utility easements.

(d) "Homeless encampment" means an outdoor location where one or more homeless people live in an unsheltered area, including tents, shacks, vehicles or other structures which are not provided utility services paid by the person(s) living in the area.

(2) A person shall not sit, lie, sleep or store, use, maintain, or place personal property upon any street, sidewalk or other public right-of-way within one thousand (1,000) feet of a sensitive area or critical infrastructure.

(3) A violation of this is a public nuisance that may be enjoined, abated, and prevented. The local district, county attorney, or the city attorney of the applicable jurisdiction, in the name of the citizens of that jurisdiction, may maintain an action to abate and prevent the nuisance. Before pursuing abatement authorized by this subsection, the district attorney, county attorney or city attorney, as applicable, shall ensure that the person found to be in violation of this section has received verbal or written information regarding alternative locations to sleep, homeless and mental health services or homeless shelters in the area.

(4) (a) A violation of this section may be charged as a misdemeanor, at the discretion of the city attorney, county attorney or district attorney, punishable upon conviction thereof, by a fine not exceeding One Thousand Dollars ($1,000.00) or incarceration in the county jail for a term not exceeding four (4) months or both.

(b) Convictions under this section shall not appear on a person's public record. The court of conviction may keep a confidential record for purposes related to enforcement of the sentence.

(5) A person shall not be found to be in violation of this section unless a law enforcement officer employed by the county or city, as applicable, with jurisdiction, has provided that person written notice, at least forty-eight (48) hours before commencement of any enforcement action, that the person is prohibited from sitting, lying, sleeping or storing, using, maintaining or placing personal property upon a street, sidewalk or other public right-of-way within one thousand (1,000) feet of a sensitive area or critical infrastructure area pursuant to this section. A written notice shall only be deemed to have been provided for the purposes of this paragraph if the notice:

(a) Is given in a language understood by the person receiving the notice; and

(b) Contains information regarding alternative locations to sleep, homeless and mental health services or homeless shelters in the area.

(6) The owner of real property located in a municipality or county has the right to request the assistance of law enforcement officers with jurisdiction to remove a homeless encampment or to set up any barriers or other methods to prevent homeless encampments. Persons living in homeless encampments shall receive seventy-two (72) hours notice of the removal. The removal of homeless persons or homeless encampments on private property shall be done in a humane manner. It is illegal to inflict harm on the trespassers or damage their personal property. A tent or temporary structure shall not be considered the personal property of any trespasser who has received the proper notice under this section. If a homeless encampment is on public property, only local law enforcement officers or officers of the sheriff department may remove the encampment or set up barriers.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.