Lawmakers continue to debate best way to address homeless encampments

• A Senate committee Tuesday amended the House-passed measure aimed at outlawing homeless encampments on public property and giving law enforcement some teeth to act.

During a 20-minute meeting of the Senate Judiciary B Committee Tuesday, some expressed hesitancy about passing HB 1203, a bill outlawing camping, solicitation, and panhandling in public areas aimed at the providing a means to address homeless encampments.

READ MORE: Mississippi House moves to outlaw homeless encampments on public property

In the end, Republican members voted the measure out of committee and to the floor for consideration, while Democrats opposed it by a show of hands after a too-close-to-call voice vote.

The measure now moving to the full Senate is a strike all amendment of the House measure that inserted the Senate language into the bill instead.

According to the amended version, it would be “unlawful for a person to camp upon any street,
sidewalk, public right-of-way, any public property, or within one thousand (1,000) feet of critical infrastructure unless the location is designated by the local governing authority or real property owner for the purpose of camping.”

Local and state law enforcement would be authorized to remove those camping on public property.

The House version stated if a person is convicted of violating the law, a fine of not more than $50 could be levied. The Senate amendment raises that to $100.

For repeat offenders, a fine not exceeding $250.00 or imprisonment in the county jail for a
term of not less than five days nor exceeding four months, or both could be imposed.

“I don’t know the effectiveness of charging someone a fine or a fee when they are homeless,” said Senator Jason Barrett (R), who said he supported the bill.

Barrett continued, “I don’t know that that would be effective.”

Committee Chairman Senator Joey Fillingane (R) said Barrett made a good point, yet adding that law enforcement requires some teeth to resolve the issue.

“I think we are trying to do something to give law enforcement some ability to have a stick and a carrot,” said Fillingane, noting that there needs to be consequences for not following the law.

“We don’t want to be so punitive that we further harm someone already in a bad place. But, yet, if you have no sticks to use at all, they tell us, they basically politely ask and they’re told to go kick rocks,” Fillingane continued. “We got to try something, and this might not be the right thing but working together with you all we’ll figure out the right path.”

In addition, the amended Senate version adds the ability for cities to have a fund to “clean up” public and private property. Senator Chad McMahan (R) advocated for the cities to be allowed to raise private dollars or apply for grants to handle these clean ups.

The measure now heads to the Senate floor for consideration.