California vagrancy laws no longer punish the status of being homeless directly. Instead, enforcement runs through Penal Code Section 647, which criminalizes specific behaviors under the heading of disorderly conduct, and through local anti-camping ordinances that cities have expanded since the U.S. Supreme Court’s June 2024 decision in City of Grants Pass v. Johnson. Both routes lead to misdemeanor charges, and both can be enforced whether or not shelter beds are available.
What Penal Code Section 647 Prohibits
Section 647 does not target homelessness by name. It targets conduct that, in practice, overlaps heavily with life on the street. The subdivisions that come up most often for unhoused people are:
- Begging or soliciting alms — approaching someone in a public place to ask for money or charity.
- Lodging without permission — staying in any building, vehicle, or place without the owner’s consent.
- Public intoxication — being in a public place under the influence of alcohol or drugs to the point of being unable to care for your own safety, or blocking a sidewalk or street.
- Trespassing on private property — lingering on someone else’s property without a lawful reason and with intent to commit a crime if the opportunity arises.
Each violation is a misdemeanor.1California Legislative Information. California Code PEN 647 – Disorderly Conduct Sleeping in a doorway, sitting on a sidewalk while intoxicated, or sheltering in a parked car can each trigger a citation under one of these subdivisions.
Penalties and the Long Tail of a Conviction
A standard misdemeanor in California carries up to six months in county jail, a fine of up to $1,000, or both.2California Legislative Information. California Code PEN 19 – Punishment for Misdemeanor Courts can add community service or probation. Fines that go unpaid accrue penalties and collection fees.
The conviction itself often causes more lasting damage than the sentence. A misdemeanor appears on background checks and can be used to deny jobs, rental housing, and some public benefits. A citation for sleeping outdoors today can shape whether you can rent an apartment years from now.
Local Anti-Camping Ordinances
City-level rules stack on top of Section 647. Local ordinances typically prohibit setting up tents, sleeping bags, or bedding materials in public spaces for the purpose of living. Some go further, banning sitting or lying in doorways at night, blocking sidewalks with personal property, or staying in parks after closing.
Enforcement varies widely. Some cities lead with outreach and offer shelter or services before citing. Others move straight to enforcement. Penalties usually begin with warnings or infractions and escalate to misdemeanor charges, including criminal trespass, for repeat violations. Because the rules are local, conduct that is legal on one block can be a citation on the next.
How Grants Pass Changed the Rules in 2024
For years, homeless Californians had a concrete federal protection. In Martin v. City of Boise (2018), the Ninth Circuit held that a city cannot prosecute homeless individuals for sleeping outdoors on public property when there are more homeless people than available shelter beds.3U.S. Court of Appeals for the Ninth Circuit. Martin v. City of Boise, 902 F.3d 1031 Punishing someone for sleeping outside with no indoor option, the court reasoned, amounted to punishing them for being homeless and violated the Eighth Amendment.
On June 28, 2024, the U.S. Supreme Court reversed that approach. In City of Grants Pass v. Johnson, a 6-3 majority held that enforcing generally applicable anti-camping laws does not violate the Eighth Amendment, even when applied to people with no access to shelter.4Supreme Court of the United States. City of Grants Pass v. Johnson, 603 U.S. 520 (2024) The Court drew a line between punishing status (being homeless) and punishing conduct (camping on public property), and treated anti-camping ordinances as regulation of conduct.
The shelter-bed defense that once blocked enforcement in California is gone. Cities that had held back are now free to cite and arrest people sleeping outdoors regardless of whether beds exist.
What State Agencies Must Do Before Clearing an Encampment
Less than a month after Grants Pass, Governor Newsom signed Executive Order N-1-24, effective July 25, 2024, directing state agencies to clear encampments on state property and urging local governments to follow suit.5Office of Governor Gavin Newsom. Executive Order N-1-24 The order sets procedural requirements that apply to state agencies:
- Site assessment. Before removal, agencies must determine whether the encampment poses an immediate threat to life, health, safety, or infrastructure.
- Notice. When no emergency exists, agencies must post a written notice to vacate at least 48 hours before removal. In emergencies, they must give as much notice as circumstances allow.
- Service outreach. Agencies must contact service providers to request outreach to people living at the site.
- Property storage. Personal belongings that are not health or safety hazards must be collected, labeled, and stored for at least 60 days.
These rules are modeled on Caltrans’ existing encampment policy.6Office of Governor Gavin Newsom. Governor Newsom Orders State Agencies to Address Encampments in Their Communities With Urgency and Dignity Local governments are only bound to these steps if they voluntarily adopt similar policies. Some cities have their own property storage requirements; others do not.
Your Property Rights During a Sweep
The Fourth Amendment protects against unreasonable searches and seizures of property, and that protection applies whether your belongings are inside a house or on a sidewalk.7Constitution Annotated. Property Subject to Seizure In practice, encampment sweeps often result in the loss or destruction of belongings, including ID cards, medication, and irreplaceable personal items.
The 60-day storage rule in Executive Order N-1-24 gives you a specific standard to point to when a state agency conducts a removal. If your property was not a health or safety hazard, it should be collected, labeled, and held for at least 60 days.5Office of Governor Gavin Newsom. Executive Order N-1-24 Ask which agency conducted the sweep and where property is being stored. For a city-run sweep, whether storage is required depends on that city’s own rules.
Clearing a Vagrancy-Related Conviction
California law lets people convicted of misdemeanors petition to have the case dismissed after their sentence is complete. Under Penal Code Section 1203.4, if you have finished probation and are not currently serving a sentence, on probation, or facing new charges, you can ask the court to set aside the guilty verdict and dismiss the case.8California Legislative Information. California Code PEN 1203.4 – Dismissal of Accusation or Information An unpaid restitution order is not, by itself, grounds to deny the petition.
A dismissal has limits. You must still disclose the conviction when applying for public office or a state license. It does not restore firearm rights. And the prior conviction can still be used against you in any future prosecution. For background checks tied to jobs and housing, though, a dismissed conviction carries much less weight than an active one.
Some California counties also run Homeless Court programs. These courts allow people experiencing homelessness to resolve outstanding misdemeanor charges and infractions based on progress in treatment, job training, or other services. Participation usually requires a referral from a homeless-service agency. Homeless Courts accept a range of misdemeanors and infractions but typically exclude domestic violence cases and felonies. Multiple low-level citations can often be cleared in a single session.