West Virginia House Advances Bill Criminalizing Homelessness

A bill that would impose fines or jail time on individuals experiencing homelessness for living or storing property on public property is moving forward in the West Virginia House of Delegates. House Bill 5319 passed through the House Judiciary Committee on Wednesday and is now headed for a full vote in the House.

Bill Details and Penalties

As passed by the Judiciary Committee, House Bill 5319 would impose fines of up to $500 or a jail sentence of up to 30 days for individuals who camp or store personal belongings on streets, parks, trails, or any other public property throughout the state. West Virginia Watch reports that a first-time violation would result in a warning and a referral to available services.

Legislative History and Sponsor’s Intent

Del. Geno Chiarelli, R-Monongalia, the bill’s sponsor, stated the intention of the camping ban is to “protect public health, safety and welfare by keeping streets, sidewalks, parks, trails and other public property accessible for their intended uses.” This is not the first attempt by Del. Chiarelli to enact such legislation; a similar bill passed the House of Delegates last year with a vote of 89 to 9, but stalled in the Senate.

Local Control Debate

The bill’s advancement has sparked debate regarding the appropriate level of government intervention in addressing homelessness. Del. Evan Hansen, D-Monongalia, argued that policies should be determined at the local level, citing Morgantown as an example. WV MetroNews reports Hansen emphasized that local communities are best equipped to address the unique challenges of homelessness within their jurisdictions. He also highlighted the importance of empathy and access to services for individuals experiencing homelessness, stating, “Every human life is precious, and the solution, to me, is not criminalizing people who are trying to sleep.”

Supreme Court Ruling and Municipal Bans

The bill’s consideration comes after a June 2024 U.S. Supreme Court ruling upholding a similar ordinance in Grants Pass, Oregon. Several West Virginia municipalities, including Morgantown, have already implemented camping bans targeting homeless individuals. Morgantown’s ban was upheld by city voters after being challenged and reconsidered.

ACLU Testimony

During the Judiciary Committee hearing, Rusty Williams, advocacy director for the American Civil Liberties Union of West Virginia, shared his personal experience with homelessness following a cancer diagnosis. He testified that a citation or misdemeanor charge could have been devastating, and emphasized the need for healthcare access and support services.

Next Steps

House Bill 5319 will now be considered by the West Virginia Senate. LegiScan indicates the bill was introduced on February 9, 2026, and is currently in the House Judiciary Committee.