House votes to repeal municipal vagrancy authority amid civil‑liberties debate
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Summary
The House approved HB 432 to repeal municipalities' authority to prohibit 'vagrancy,' with sponsors arguing the term is vague and has a history of discriminatory enforcement. Opponents asked whether the repeal would limit municipalities’ ability to address encampments; sponsors said it would require clearer, specific prohibitions rather than criminalizing a state of being.
Annapolis — The House of Delegates voted on Feb. 15 to repeal municipal authority to prohibit "vagrancy," sending House Bill 432 to the next stage after debate about definition and enforcement.
Supporters said the term "vagrancy" is constitutionally vague and has historically been used to criminalize unhoused Black people. The sponsor provided a historical explanation, citing the post‑Civil War era and the use of vagrancy statutes to target free Black Americans.
Lawmakers sought clarification on practical effects. One delegate asked whether municipalities would still have authority to remove encampments or address public safety risks; the sponsor said municipalities would continue to be able to prohibit specific actions (for example, particular conduct or public health risks) but should not be empowered to criminalize a person's status of being unhoused.
After discussion, the clerk recorded 100 yeas and 35 nays; House Bill 432 was declared passed with a constitutional majority.
