CHARLESTON, W.Va. — The House of Delegates has passed a bill banning camping on public property.
The bill, HB 5319, was approved on a 62-32 vote after a Tuesday floor debate.
Bill sponsor, Del. Geno Chiarelli, R-Monongalia, explained the bill is strictly targeted on criminal vagrancy and those who are a threat to the community. The first violation comes with a written warning; a fine of not more than $500 is added with a second offense, and a 30-day jail sentence could be added in the event of a third offense.
“We try to paint every single person experiencing homelessness with the same brush—they just need a little help, they just need a hand up, and this might get me in trouble, but this is not true,” Chiarelli said. “I can take you to places in Morgantown and Monongalia County where people don’t want your help, they don’t want a plate of food, and if you’re not giving them money, they might take it from you.”
Del. Evan Hansen, D-Monongalia, told delegates the homeless issue is a local issue that should be handled by a county commission or city council. Many people in the homeless community are suffering mental and physical health issues that need help, not punishment, Hansen said.
“I don’t think criminalizing homelessness is the right approach,” Hansen said. “I don’t think the right approach is putting people in jail because they’ve fallen on hard times.”
Del. Hollis Lewis, D-Kanawha, said it should be the government’s role to help, not take punitive action against those in need. He also said we need to care for people by funding relief organizations and pursuing policies that encourage affordable housing.
“A lot of them do have mental health issues, and a lot of them do have substance use disorder, and if we’re going to be punitive and fine them, it’s just going to make the problem worse,” Lewis said.
Chiarelli talked about the impact the years-long homeless problem has brought to the Morgantown area. Many people have begun to avoid areas like downtown because of the possibility of encountering a less cooperative member of the homeless community.
“They’re less interested in participating in the publicly available things that are in my county because their dog might step on a needle or their child might run into to someone harassing them at the public library,” Chiarelli said.
House Judiciary Committee Chairman J.B. Akers, R-Kanawha, said the bill clearly separates the homeless from the residents who appear to be homeless by choice. Akers expressed disappointment that his fellow lawmakers didn’t believe police officers don’t have the proper judgement when they encounter a homeless person.
“It’s kind of insulting to me that the police are going to walk up, warn, and then fine someone who you can see is simply on the streets because they have nowhere to go and they’re not hurting anyone,” Akers said.
The measure will now go to the full Senate with 10 days left in the 60-day regular legislative session.