This article first appeared on the Magnolia Tribune.
Rep. Shanda Yates, I-Jackson, presents legislation in House Chamber at the Mississippi Capitol, Tuesday, Feb. 7, 2023, in Jackson. (AP Photo/Rogelio V. Solis – Copyright 2023 The Associated Press. All rights reserved.)
- State Rep. Shanda Yates (I), the bill’s author, said the measure will protect the homeless and the public alike. Democrats contend that it penalizes the unhoused.
Earlier this week, lawmakers passed a conference report on HB 1203 that, if signed into law by Governor Tate Reeves (R), will outlaw camping on certain publicly owned property.
“No person may camp or create a campsite on any sidewalks, streets, sports fields, sports complexes, highways, alleys, roads, passageways or any other public property, except a public property that is otherwise designated for camping by a municipality, county, political subdivision or state, or by state law,” the measure reads.
The bill defines campsite as “a location on any property owned or controlled by a municipality, county or state, state agency or political subdivision of the state where camping materials are placed.”
State Senator Joey Fillingane (R) said the measure’s intent “is not specifically aimed at the homeless, but anybody who camps on public properties.”
Language in the legislation specifically speaks to the “public safety and health risks” that exist when persons camp or otherwise reside on sidewalks, streets, highways, alleys, roads, or other public property not specifically designated as a campsite.
State Rep. Shanda Yates (I), the bill’s author, said when presenting the legislation in the House that it would protect the homeless and the public alike.
“This bill is not moving people from one place to another,” Yates said, defending the bill.
However, a handful of Democrats said the bill penalizes the unhoused population.
Several senators claimed during floor debate that the majority of the state’s homeless population are in the Jackson and Biloxi areas. Calls to law enforcement and elected officials in both cities were not immediately returned Friday afternoon.
The conference report now includes a 24-hour notice to vacate clause, as favored by the House. The Senate sought a 48-hour timeframe before law enforcement could remove people.
After that time, the bill states, “Items having no apparent utility or monetary value and items in an unsanitary condition may be discarded immediately” by government entity, presumably law or code enforcement.
When asked what training law enforcement has in dealing with the homeless and determining what is or is not valuable, Senator Fillingane said, “Each department will handle that themselves.” The senator did say that could be an issue, as what a housed person finds of value might be different from that of an unhoused person.
“If that is an issue, we can come back next year and work on it,” he said. “That’s the great thing about legislation.”
Violating the camping law could result in a fine of not more than $50. However, the court does have further discretion as outlined in the bill.
“In the court’s discretion, alternative penalties intended to address the reason(s) the individual was in violation of this chapter may be imposed. These alternative penalties, in the discretion of the court and subject to available space in an appropriate facility, may include a term of imprisonment, not to exceed six (6) months, and are to be interpreted to be as broad as legally permissible. For any sentence of imprisonment imposed under this section, the court shall find that there are substantial and compelling reasons to impose such imprisonment,” the measure reads.
The adoption of the conference report largely passed down party lines, with Republicans overwhelmingly supporting the bill.
If signed into law by Governor Reeves, the legislation would go into effect July 1.
This article first appeared on the Magnolia Tribune and is republished here under a Creative Commons license.
Read original article by clicking here.