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Committee advances vagrancy bill after extended questions about enforcement and scope
Summary
Senate Bill 537, which would provide local businesses and law enforcement new authority to address alleged vagrancy near businesses, advanced from committee 7–2 after extended questioning on officer discretion, distance thresholds and potential criminalization of unhoused people.
Senate Bill 537, a measure authorizing law enforcement procedures and giving businesses recourse when individuals are alleged to be engaging in illegal activity near a business, was advanced by the Local and County Government Committee by a recorded vote of 7–2.
The bill’s sponsor described it as giving local businesses a recourse when suspected illegal activity occurs nearby and providing law enforcement with definitions and means to determine whether an individual meets the statutory definition of a vagrant. During committee questions, members repeatedly pressed the sponsor on how officers would make determinations "through personal observation" and whether merely standing or sitting near a business could meet the standard in the bill.
Senator Stewart (bill sponsor) told the committee that officers would typically be responding to a call and would have background information and possibly video evidence to inform their judgment. When asked whether ordinary presence—such as sitting—would constitute a violation, Stewart replied, "Not at all. Not for just doing that. They've got a right to be in public places as long as it's legal." He added that the duty would be added to officers' lists of responsibilities and that officers would set priorities: "It's gonna be an additional duty, but it's something that they probably ought to be doing anyway."
Committee members raised concerns about vagueness and the risk of criminalizing unhoused people. One member asked about the bill’s reference to a 12‑foot distance from a business door and whether that could criminalize otherwise innocent behavior; the sponsor responded that an officer would have to observe more than mere presence to make an enforcement determination.
The clerk recorded the roll call. Senator Goodwin is recorded voting nay; the motion to advance passed with 7 ayes and 2 nays. No amendments were recorded in committee.
The bill will proceed to the next stage of Senate consideration.
