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SB 5028

Momentum Bucket Stalled
Legal Title AN ACT Relating to statewide policy prohibiting unlawful camping in the response to Grants Pass v. Johnson, 603 U.S.__(2024);
Bill Description Concerning unlawful camping.
What this bill does
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The bill adds a new section to chapter 9A.52 RCW creating a statewide rule that generally prohibits camping on public property unless specifically authorized by the public body that controls the property. It makes it unlawful at all times to camp on public property when the activity poses a substantial danger to any person, is an immediate threat or unreasonable risk to public health or safety, or disrupts vital government services. The bill also bans camping, storing personal property, or maintaining unauthorized encampments within three blocks of a congregate shelter (only where signs prohibiting camping are posted and clearly visible) and within 1,000 feet of the perimeter of a park, a day care/child care facility, a public school, or an approved private school. The bill establishes an escalating enforcement and penalty scheme: a first violation is a class 3 civil infraction (fine up to $50); a second violation is a class 1 civil infraction (fine up to $250) plus an order barring the violator from the public place for no less than 180 days; a third violation is a misdemeanor. Violating an exclusion order under this section constitutes criminal trespass under RCW 9A.52.080. Procedural changes require citation-and-release rather than booking unless the person is subject to custodial arrest on a warrant or probable cause for another crime, and officers must refer individuals cited under this section to a therapeutic court by officer citation unless the person does not meet chapter 2.30 RCW eligibility criteria. The bill also prohibits law enforcement from issuing a criminal citation for unauthorized camping when no overnight shelter is available. Before citing a person who is sleeping, lying, sitting, or camping outdoors, an officer must confirm that a nearby 24/7 low-barrier shelter had available space during the previous 24 hours. That confirmation must come from an approved data system or direct contact with the shelter and must state whether the shelter had space for sleeping, the number of available spaces, and the types of guests the shelter will accept. The text provided does not give the new section number in chapter 9A.52 RCW, nor does it define key terms used (for example, "camp," "camp facilities," "camp paraphernalia," "nearby," "24/7 low-barrier shelter," "approved data system"), or explain how to measure "three blocks" or "1,000 feet" in practice. The bill was prefiled 12/10/2024 and read for the first time 01/13/2025.
Why it matters
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If enacted, the law would make camping on most public property illegal except where a public body explicitly allows it, create fixed no-camping zones near shelters, parks, schools, and impose escalating fines and bans for repeat violations, with the third offense a misdemeanor and enforcement of bans treated as criminal trespass. In practice this means people living outdoors face the risk of fines, 180‑day exclusion orders, and possible arrest on repeat offenses, while police must use citation‑and‑release, refer eligible people to therapeutic courts, and confirm that a nearby 24/7 low‑barrier shelter had available sleeping space in the prior 24 hours before issuing a citation. The groups most affected are people experiencing homelessness, law enforcement, public bodies that control public spaces, congregate and low‑barrier shelters, and therapeutic courts. Police will have new administrative duties to verify shelter availability and make referrals, shelters will be asked to provide information about space and guest types, and public bodies must post signs near congregate shelters for the three‑block rule to apply. The bill does not define key terms (for example what counts as “nearby,” “camp,” or an “approved data system”) and it does not include funding or detailed protocols, so how agencies obtain, share, and verify shelter availability and how distances are measured are unclear.
Official Documents View Full Bill Text
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SB 5028 Details and Bill Topics

Details

Date Introduced 01/13/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $172,487.72

Bill Topics

HOMELESS PERSONS

SB 5028 Sponsors and Committee Hearings

Sponsors

Senator Wagoner (Primary)
Senator Christian
Senator McCune

Committee Hearings

Go to SB 5028 at leg.wa.gov

SB 5028 Bill Timeline

Stalled
1/12/2025
SLaw & Justice
First reading, referred to Law & Justice.
12/9/2024
SLaw & Justice
Prefiled for introduction.

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