The House Judiciary Committee considered a statewide camping ban bill. The bill is targeted at homeless encampments throughout the state.
Since a Supreme Court Decision that allowed for certain types of bans on homeless encampments, municipalities around the state have issued camping bans on public property.
Now the legislature is considering a statewide camping ban.
The bill’s lead sponsor is Del. Geno Chiarelli, R-Monongalia. Part of his district is Morgantown where last year residents successfully petitioned to suspend a camping ban from the city council until a vote next month.
“The purpose of this bill is to prohibit camping and or personal storage of personal property on publicly owned state or municipal land,” Chiarelli said.
According to the proposed legislation, the first violation is a written warning. Second violation would be a fine not more than $200 and then the third violation within 12 months of the first is a misdemeanor punished by a fine of not more than $500 and possible jail time of up to 30 days.
The bill doesn’t necessarily ban sleeping on public property. Instead it bans “Camp Paraphernalia.” Those are things like tents, blankets, and sleeping bags.
Del. Shawn Fluharty, D-Ohio, asked if the law could be considered cruel and unusual punishment by asking people experiencing homelessness to give up personal items.
“The state is forcing you to get rid of any of those belongings, but keep the shirt on your back, potentially freeze to death in these temperatures, in order to not violate this law,” Fluharty said.
“I would agree with you,” Chiarelli said.
The bill states that those in violation of the law would only face criminal punishments if they “refused an alternate solution” like a homeless shelter.
It’s unclear in the bill what the offer of shelter means. For example it doesn’t say that police officers should provide transportation to a shelter.
It also is unclear about criminality if there is no shelter available, which is the case for most of southern West Virginia.
Del. Evan Hansen, D-Monongalia, asked if the bill helped make resources available to people experiencing homelessness.
“If there’s no place to refer them to, then the criminal penalty would apply just sort of like automatically,” Hansen said.
“That would be a better question for council,” Chiarelli said.
Attorneys for the committee did not take questions about the bill during this House Judiciary Committee meeting, but may present the bill and answer questions when it is in the subsequent mark up phase in committee.
“Does the bill provide for any additional beds at shelters to make sure that people that are impacted by this bill have a place to go?” Hansen said.
“No, it does not,” Chiarelli said.