AB 29

Under this bill, and subject to a number of exceptions, no state or local law

enforcement officer may arrest a person, without a warrant, who is suspected of

sleeping in an area of a county park in which the county has prohibited overnight

sleeping or overnight camping. The exceptions include situations where the law

enforcement officer knows the person is wanted for arrest on charges unrelated to

sleeping or camping in a county park or the officer reasonably believes the person is

a threat to public health or safety for reasons unrelated to sleeping or camping in a

county park.

The bill authorizes a political subdivision to enact and enforce an ordinance

prohibiting a person from sleeping in a county park in an area designated by the

political subdivision as an area in which overnight sleeping or camping is prohibited,

but the ordinance must specify that the penalty for violating such an ordinance is a

forfeiture of not less than $10 nor more than $200, plus costs. The ordinance must

also specify that a person who is convicted of violating such an ordinance and does

not pay the forfeiture may be sentenced to a term of not more than 90 days in the

county jail or county house of corrections.

If a political subdivision has in effect on the effective date an ordinance that is

inconsistent with the provisions contained in the bill, the ordinance does not apply

and may not be enforced.