Indiana 2025 Regular Session

Indiana House Bill HB1189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1189
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-40; IC 35-43-2-2.
7	7	Synopsis: Protection of property rights. Provides that under certain
8	8	circumstances, a residential property owner may obtain the removal of
9	9	an unauthorized person from the residential property owner's
10	10	residential real property. Establishes a cause of action for wrongful
11	11	removal from residential property. Provides that if a person without
12	12	either the consent of the owner of a dwelling or a contractual interest
13	13	in the dwelling knowingly or intentionally enters the dwelling and
14	14	knowingly or intentionally causes more than $10,000 in damages to the
15	15	dwelling, the person commits a Level 6 felony.
16	16	Effective: July 1, 2025.
17	17	Abbott, Smaltz, Pressel
18	18	January 8, 2025, read first time and referred to Committee on Courts and Criminal Code.
19	19	2025 IN 1189—LS 7222/DI 154 Introduced
20	20	First Regular Session of the 124th General Assembly (2025)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2024 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1189
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	property.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 32-40 IS ADDED TO THE INDIANA CODE AS
35	35	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
36	36	3 2025]:
37	37	4 ARTICLE 40. AUTHORITY OF LAW ENFORCEMENT TO
38	38	5 REMOVE UNAUTHORIZED PERSONS FROM RESIDENTIAL
39	39	6 REAL PROPERTY
40	40	7 Chapter 1. Definitions
41	41	8 Sec. 1. As used in this article, "affidavit" means the affidavit set
42	42	9 forth in IC 32-40-3.
43	43	10 Sec. 2. (a) As used in this article, "law enforcement agency"
44	44	11 means:
45	45	12 (1) the department or agency in the political subdivision
46	46	13 where the residential property is situated whose principal
47	47	14 function is the apprehension of criminal offenders, including
48	48	15 law enforcement officers employed by the agency or
49	49	16 department; or
50	50	17 (2) the sheriff of a county or another person authorized to
51	51	2025 IN 1189—LS 7222/DI 154 2
52	52	1 perform sheriff's duties where the residential real property is
53	53	2 situated.
54	54	3 Sec. 3. As used in this article, "residential property" means any
55	55	4 building, structure, or part of a building or structure that is
56	56	5 occupied as, or is designated or intended for occupancy as, a
57	57	6 residence by one (1) or more families or individuals.
58	58	7 Sec. 4. As used in this article, "unauthorized person" means a
59	59	8 person who occupies a residential property without the permission
60	60	9 of the owner or the legal right to do so.
61	61	10 Chapter 2. Requesting Removal of Unauthorized Persons
62	62	11 Sec. 1. (a) A law enforcement agency may establish a uniform
63	63	12 administrative fee to remove unauthorized persons from
64	64	13 residential property under this article of not less than one hundred
65	65	14 dollars ($100) and not more than three hundred dollars ($300).
66	66	15 (b) A law enforcement agency may use any administrative fees
67	67	16 collected under this article for any lawful purpose of the law
68	68	17 enforcement agency.
69	69	18 Sec. 2. (a) To have an unauthorized person removed from a
70	70	19 residential property, the owner or the owner's authorized
71	71	20 representative must:
72	72	21 (1) appear before a law enforcement agency and request that
73	73	22 the law enforcement agency remove the unauthorized person
74	74	23 from the owner's residential property;
75	75	24 (2) provide a driver's license or other government issued
76	76	25 photo identification card to the law enforcement agency;
77	77	26 (3) pay the administrative fee described in section 1 of this
78	78	27 chapter, if applicable; and
79	79	28 (4) execute the affidavit set forth in IC 32-40-3.
80	80	29 (b) The law enforcement agency shall make a copy of the
81	81	30 driver's license or other government issued photo identification
82	82	31 card provided under subsection (a)(2). The copy shall be
83	83	32 maintained by the law enforcement agency for a period of not less
84	84	33 than five (5) years.
85	85	34 (c) If the owner or the owner's authorized representative refuses
86	86	35 or is unable for any reason to provide a driver's license or other
87	87	36 government issued photo identification card, as required by
88	88	37 subsection (a)(2), or pay the administrative fee described in
89	89	38 subsection (a)(3), if applicable, a law enforcement agency may not
90	90	39 grant a request to remove an unauthorized person under this
91	91	40 article.
92	92	41 Chapter 3. Affidavit to Remove Unauthorized Persons
93	93	42 Sec. 1. A law enforcement agency shall make available, in
94	94	2025 IN 1189—LS 7222/DI 154 3
95	95	1 electronic or paper form, the affidavit set forth in section 6 of this
96	96	2 chapter, which may contain the law enforcement agency's seal and
97	97	3 any other official designation identifying the law enforcement
98	98	4 agency, but shall otherwise be identical in substance to the affidavit
99	99	5 set forth in section 6 of this chapter.
100	100	6 Sec. 2. The affidavit must be executed in the presence of a law
101	101	7 enforcement officer employed by the law enforcement agency.
102	102	8 Sec. 3. (a) The law enforcement agency shall ensure that the
103	103	9 affiant initials, signs, and dates the affidavit.
104	104	10 (b) If the affiant refuses to provide the information or initials
105	105	11 required by the affidavit or refuses to sign and date the affidavit,
106	106	12 the law enforcement agency shall not remove any person from the
107	107	13 residential property under this article.
108	108	14 Sec. 4. The law enforcement agency shall make a copy of an
109	109	15 executed affidavit and provide it to the affiant.
110	110	16 Sec. 5. The law enforcement agency shall maintain the original
111	111	17 executed affidavit for a period of not less than five (5) years.
112	112	18 Sec. 6. The affidavit provided for under this article shall read as
113	113	19 follows:
114	114	20 IMPORTANT NOTICE: IC 32-40 is not an alternative to
115	115	21 established legal procedures and remedies concerning
116	116	22 landlord-tenant matters or disputes between or among
117	117	23 co-owners of property, possessory interests, or land contracts.
118	118	24 If any unauthorized person is a current or former tenant, a
119	119	25 co-owner of the property, the holder of a life estate
120	120	26 concerning the property, or a party to a land contract as to
121	121	27 the property, DO NOT EXECUTE THIS AFFIDAVIT.
122	122	28 If you sign this affidavit knowing that any of the statements
123	123	29 contained within it are not true, you may be subject to a
124	124	30 twenty-five thousand dollar ($25,000) fine. If you sign this
125	125	31 affidavit knowing that any of the statements contained within
126	126	32 it are not true, a civil action may be brought against you by a
127	127	33 person removed, and you may be required to pay damages,
128	128	34 court costs, and attorney's fees.
129	129	35 Please provide the following information and initial each
130	130	36 statement.
131	131	37 I hereby declare, under penalty of perjury, that:
132	132	38 1. ___ I am the owner or authorized representative of the
133	133	39 owner of the residential property located at:
134	134	40 _____________.
135	135	41 2. ___ The property is residential property as defined in
136	136	42 IC 32-40-1-3.
137	137	2025 IN 1189—LS 7222/DI 154 4
138	138	1 3. ___ One (1) or more unauthorized persons have
139	139	2 unlawfully entered the residential property and remain on
140	140	3 the property.
141	141	4 4. ___ One (1) or more unauthorized persons have been
142	142	5 told to leave the residential property but have not done so.
143	143	6 5. ___ No unauthorized person is a current or former
144	144	7 tenant, and any documentation produced by an
145	145	8 unauthorized person stating otherwise is fraudulent.
146	146	9 6. ___ No unauthorized person is a spouse, child, parent, or
147	147	10 sibling of the residential property owner or the residential
148	148	11 property owner's authorized representative.
149	149	12 7. ___ There is no pending litigation concerning the
150	150	13 residential property between the residential property
151	151	14 owner and any unauthorized person.
152	152	15 8. ___ No unauthorized person is a party to a land contract
153	153	16 concerning the residential property, and any document
154	154	17 purporting to be a land contract produced by an
155	155	18 unauthorized person is fraudulent.
156	156	19 9. ___ No unauthorized person has an ownership or
157	157	20 possessory interest in the residential property, up to and
158	158	21 including tenants in common, joint tenants, tenancy by the
159	159	22 entireties, life tenants, or otherwise, and an unauthorized
160	160	23 person has not been listed on the title to the residential
161	161	24 property unless the unauthorized person has engaged in
162	162	25 title fraud, and no unauthorized person has been given
163	163	26 permission by the residential property owner or otherwise
164	164	27 has a legal right to occupy the property.
165	165	28 10. ___ I understand and acknowledge that any person
166	166	29 removed from the residential property on the basis of false
167	167	30 statements made by me on this affidavit may bring a civil
168	168	31 cause of action against me, and I may be required to pay
169	169	32 damages, a fine, court costs, and attorney's fees, as
170	170	33 provided by law.
171	171	34 11. ___ I understand and acknowledge that if I knowingly
172	172	35 make one (1) or more false statements in this affidavit, I
173	173	36 may be subject to a twenty-five thousand dollar ($25,000)
174	174	37 fine.
175	175	38 12. ___ I am requesting the law enforcement agency that
176	176	39 has jurisdiction over the residential property to
177	177	40 immediately remove the unauthorized person or persons
178	178	41 from the residential property.
179	179	42 I hereby affirm under the penalty of perjury that I have read
180	180	2025 IN 1189—LS 7222/DI 154 5
181	181	1 this affidavit in its entirety, including the IMPORTANT
182	182	2 NOTICE, and that all of the statements contained in each of
183	183	3 the foregoing numbered declarations are true to the best of
184	184	4 my knowledge and belief.
185	185	5 Printed name of affiant ______________
186	186	6 Signature of affiant _____________
187	187	7 Date ___________
188	188	8 Chapter 4. Restoration of Owner's Possession and Removal of
189	189	9 Unauthorized Persons
190	190	10 Sec. 1. A law enforcement agency is not responsible for
191	191	11 determining whether statements made in the affidavit are accurate.
192	192	12 Sec. 2. (a) If all of the requirements of this article are satisfied,
193	193	13 a law enforcement agency shall promptly:
194	194	14 (1) serve a notice to any unauthorized persons to immediately
195	195	15 vacate the residential property; and
196	196	16 (2) put the owner of the residential property in possession of
197	197	17 the property.
198	198	18 (b) The notice required under subsection (a) shall be:
199	199	19 (1) hand delivered to any unauthorized person; or
200	200	20 (2) posted on the front or entrance of the residential real
201	201	21 property.
202	202	22 (c) The notice required under subsection (a) shall include the
203	203	23 following language:
204	204	24 NOTICE TO VACATE: YOU ARE ORDERED TO
205	205	25 IMMEDIATELY VACATE THE RESIDENTIAL
206	206	26 PROPERTY LOCATED AT ________ UNDER IC 32-40.
207	207	27 Law Enforcement Officer Name: ___________ Date:
208	208	28 ___________.
209	209	29 Sec. 3. In taking any action under this chapter, a law
210	210	30 enforcement agency shall have the same authority and powers as
211	211	31 if executing a writ of assistance.
212	212	32 Sec. 4. A law enforcement agency may arrest any person found
213	213	33 in the residential property for a violation of any criminal offense
214	214	34 or an outstanding warrant and shall attempt to obtain the name of
215	215	35 any unauthorized person.
216	216	36 Sec. 5. (a) The residential property owner or the authorized
217	217	37 representative of the residential property owner may request that
218	218	38 a law enforcement agency remain on the scene to keep the peace
219	219	39 while the residential property owner or the residential property
220	220	40 owner's authorized representative changes the locks and removes
221	221	41 the personal property of the unauthorized person from the
222	222	42 residential property.
223	223	2025 IN 1189—LS 7222/DI 154 6
224	224	1 (b) If the residential property owner or the authorized
225	225	2 representative of the residential property owner requests that the
226	226	3 law enforcement agency remain on the scene under subsection (a),
227	227	4 the law enforcement agency must remain on the scene.
228	228	5 Sec. 6. In carrying out the powers and duties set forth in this
229	229	6 article, the law enforcement agency and all employees and
230	230	7 representatives of the law enforcement agency shall have the
231	231	8 immunities provided under IC 34-13-3 without diminution or
232	232	9 exception.
233	233	10 Sec. 7. Nothing in this article shall limit the authority of a law
234	234	11 enforcement officer.
235	235	12 Chapter 5. Civil Cause of Action for Wrongful Removal
236	236	13 Sec. 1. For purposes of this chapter, a person is wrongfully
237	237	14 removed from a residential property under IC 32-40-4 if the affiant
238	238	15 makes any false statements on the affidavit.
239	239	16 Sec. 2. A person wrongfully removed from a residential
240	240	17 property under IC 32-40-4 may bring a civil cause of action against
241	241	18 the affiant.
242	242	19 Sec. 3. It shall not be a defense to any action brought under this
243	243	20 chapter that at the time the person was removed from the
244	244	21 residential property the affiant did not know that the person:
245	245	22 (1) owned the residential property or had a concurrent
246	246	23 ownership interest as to the residential property;
247	247	24 (2) was a tenant pursuant to a lease agreement regarding the
248	248	25 residential property between the person and the residential
249	249	26 property owner or the residential property owner's
250	250	27 authorized representative;
251	251	28 (3) was a party to a land contract concerning the residential
252	252	29 property entered into by the residential property owner or the
253	253	30 residential property owner's authorized representative; or
254	254	31 (4) had a life estate as to the property.
255	255	32 Sec. 4. If a person prevails in an action for wrongful removal
256	256	33 under this chapter, the court:
257	257	34 (1) may restore possession of the residential property to the
258	258	35 prevailing party; and
259	259	36 (2) shall award actual damages, statutory damages equal to
260	260	37 triple the amount of the fair market monthly rental rate of the
261	261	38 residential property, court costs, and attorney's fees.
262	262	39 (3) shall impose a fine of twenty-five thousand dollars
263	263	40 ($25,000) against the affiant to be deposited in the state
264	264	41 general fund.
265	265	42 Sec. 5. The court shall advance the cause on the calendar.
266	266	2025 IN 1189—LS 7222/DI 154 7
267	267	1 SECTION 2. IC 35-43-2-2, AS AMENDED BY P.L.171-2024,
268	268	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
269	269	3 JULY 1, 2025]: Sec. 2. (a) As used in this section, "authorized person"
270	270	4 means a person authorized by an agricultural operation or a scientific
271	271	5 research facility to act on behalf of the agricultural operation or the
272	272	6 scientific research facility.
273	273	7 (b) A person who:
274	274	8 (1) not having a contractual interest in the property, knowingly or
275	275	9 intentionally enters the real property of another person after
276	276	10 having been denied entry by the other person or that person's
277	277	11 agent;
278	278	12 (2) not having a contractual interest in the property, knowingly or
279	279	13 intentionally refuses to leave the real property of another person
280	280	14 after having been asked to leave by the other person or that
281	281	15 person's agent;
282	282	16 (3) accompanies another person in a vehicle, with knowledge that
283	283	17 the other person knowingly or intentionally is exerting
284	284	18 unauthorized control over the vehicle;
285	285	19 (4) knowingly or intentionally interferes with the possession or
286	286	20 use of the property of another person without the person's consent;
287	287	21 (5) not having a contractual interest in the property, knowingly or
288	288	22 intentionally enters the:
289	289	23 (A) property of an agricultural operation that is used for the
290	290	24 production, processing, propagation, packaging, cultivation,
291	291	25 harvesting, care, management, or storage of an animal, plant,
292	292	26 or other agricultural product, including any pasturage or land
293	293	27 used for timber management, without the consent of the owner
294	294	28 of the agricultural operation or an authorized person; or
295	295	29 (B) dwelling of another person without the person's consent;
296	296	30 (6) knowingly or intentionally:
297	297	31 (A) travels by train without lawful authority or the railroad
298	298	32 carrier's consent; and
299	299	33 (B) rides on the outside of a train or inside a passenger car,
300	300	34 locomotive, or freight car, including a boxcar, flatbed, or
301	301	35 container without lawful authority or the railroad carrier's
302	302	36 consent;
303	303	37 (7) not having a contractual interest in the property, knowingly or
304	304	38 intentionally enters or refuses to leave the property of another
305	305	39 person after having been prohibited from entering or asked to
306	306	40 leave the property by a law enforcement officer when the property
307	307	41 is:
308	308	42 (A) vacant real property (as defined in IC 36-7-36-5) or a
309	309	2025 IN 1189—LS 7222/DI 154 8
310	310	1 vacant structure (as defined in IC 36-7-36-6); or
311	311	2 (B) designated by a municipality or county enforcement
312	312	3 authority to be:
313	313	4 (i) abandoned property or an abandoned structure (as
314	314	5 defined in IC 36-7-36-1); or
315	315	6 (ii) an unsafe building or an unsafe premises (as described
316	316	7 in IC 36-7-9);
317	317	8 (8) not having a contractual interest in the property, knowingly or
318	318	9 intentionally enters the real property of an agricultural operation
319	319	10 (as defined in IC 32-30-6-1) without the permission of the owner
320	320	11 of the agricultural operation or an authorized person, and
321	321	12 knowingly or intentionally engages in conduct that causes
322	322	13 property damage to:
323	323	14 (A) the owner of or a person having a contractual interest in
324	324	15 the agricultural operation;
325	325	16 (B) the operator of the agricultural operation; or
326	326	17 (C) a person having personal property located on the property
327	327	18 of the agricultural operation;
328	328	19 (9) not having a contractual interest in the property, knowingly or
329	329	20 intentionally enters the real property of a scientific research
330	330	21 facility (as defined in IC 35-31.5-2-287) without the permission
331	331	22 of, or with permission which was fraudulently obtained from, the
332	332	23 owner of the scientific research facility or an authorized person,
333	333	24 and knowingly or intentionally engages in conduct that causes
334	334	25 property damage to:
335	335	26 (A) the owner of or a person having a contractual interest in
336	336	27 the scientific research facility;
337	337	28 (B) the operator of the scientific research facility; or
338	338	29 (C) a person having personal property located on the property
339	339	30 of the scientific research facility;
340	340	31 (10) knowingly or intentionally enters the property of another
341	341	32 person after being denied entry by a court order that has been
342	342	33 issued to the person or issued to the general public by
343	343	34 conspicuous posting on or around the premises in areas where a
344	344	35 person can observe the order when the property has been
345	345	36 designated by a municipality or county enforcement authority to
346	346	37 be:
347	347	38 (A) a vacant property;
348	348	39 (B) an abandoned property;
349	349	40 (C) an abandoned structure (as defined in IC 36-7-36-1); or
350	350	41 (D) an unsafe building or an unsafe premises (as described in
351	351	42 IC 36-7-9);
352	352	2025 IN 1189—LS 7222/DI 154 9
353	353	1 (11) knowingly or intentionally enters or refuses to leave the polls
354	354	2 (as defined in IC 3-5-2-39) or chute (as defined in IC 3-5-2-10)
355	355	3 after having been prohibited from entering or asked to leave the
356	356	4 polls or chute by a precinct election officer (as defined in
357	357	5 IC 3-5-2-40.1) or a law enforcement officer acting on behalf of a
358	358	6 precinct election officer; or
359	359	7 (12) knowingly or intentionally:
360	360	8 (A) without permission or prior authorization, enters an area
361	361	9 of property that is locked; or
362	362	10 (B) refuses to leave an area of a property that is otherwise not
363	363	11 accessible to the public, after being asked to leave the area of
364	364	12 a property by a law enforcement officer or an employee or
365	365	13 agent of the owner or operator of the property;
366	366	14 commits criminal trespass, a Class A misdemeanor. However, the
367	367	15 offense is a Level 6 felony if it is committed on a scientific research
368	368	16 facility, on a facility belonging to a public utility (as defined in
369	369	17 IC 32-24-1-5.9(a)), on school property, or on a school bus or the person
370	370	18 has a prior unrelated conviction for an offense under this section
371	371	19 concerning the same property. The offense is a Level 6 felony, for
372	372	20 purposes of subdivision (8), if the property damage is more than seven
373	373	21 hundred fifty dollars ($750) and less than fifty thousand dollars
374	374	22 ($50,000). The offense is a Level 5 felony, for purposes of subdivisions
375	375	23 (8) and (9), if the property damage is at least fifty thousand dollars
376	376	24 ($50,000). The offense is a Level 6 felony, for purposes of
377	377	25 subdivision (5)(B), if the person knowingly or intentionally engages
378	378	26 in conduct that causes property damage to the dwelling in excess
379	379	27 of ten thousand dollars ($10,000).
380	380	28 (c) A person has been denied entry under subsection (b)(1) when the
381	381	29 person has been denied entry by means of:
382	382	30 (1) personal communication, oral or written;
383	383	31 (2) posting or exhibiting a notice at the main entrance in a manner
384	384	32 that is either prescribed by law or likely to come to the attention
385	385	33 of the public;
386	386	34 (3) a hearing authority or court order under IC 32-30-6,
387	387	35 IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or
388	388	36 (4) posting the property by placing identifying purple marks on
389	389	37 trees or posts around the area where entry is denied.
390	390	38 (d) For the purposes of subsection (c)(4):
391	391	39 (1) each purple mark must be readily visible to any person
392	392	40 approaching the property and must be placed:
393	393	41 (A) on a tree:
394	394	42 (i) as a vertical line of at least eight (8) inches in length and
395	395	2025 IN 1189—LS 7222/DI 154 10
396	396	1 with the bottom of the mark at least three (3) feet and not
397	397	2 more than five (5) feet from the ground; and
398	398	3 (ii) not more than one hundred (100) feet from the nearest
399	399	4 other marked tree; or
400	400	5 (B) on a post:
401	401	6 (i) with the mark covering at least the top two (2) inches of
402	402	7 the post, and with the bottom of the mark at least three (3)
403	403	8 feet and not more than five (5) feet six (6) inches from the
404	404	9 ground; and
405	405	10 (ii) not more than thirty-six (36) feet from the nearest other
406	406	11 marked post; and
407	407	12 (2) before a purple mark that would be visible from both sides of
408	408	13 a fence shared by different property owners or lessees may be
409	409	14 applied, all of the owners or lessees of the properties must agree
410	410	15 to post the properties with purple marks under subsection (c)(4).
411	411	16 (e) A law enforcement officer may not deny entry to property or ask
412	412	17 a person to leave a property under subsection (b)(7) unless there is
413	413	18 reasonable suspicion that criminal activity has occurred or is occurring.
414	414	19 (f) A person described in subsection (b)(7) or (b)(10) violates
415	415	20 subsection (b)(7) or (b)(10), as applicable, unless the person has the
416	416	21 written permission of the owner, the owner's agent, an enforcement
417	417	22 authority, or a court to come onto the property for purposes of
418	418	23 performing maintenance, repair, or demolition.
419	419	24 (g) A person described in subsection (b)(10) violates subsection
420	420	25 (b)(10) unless the court that issued the order denying the person entry
421	421	26 grants permission for the person to come onto the property.
422	422	27 (h) Subsections (b), (c), and (g) do not apply to the following:
423	423	28 (1) A passenger on a train.
424	424	29 (2) An employee of a railroad carrier while engaged in the
425	425	30 performance of official duties.
426	426	31 (3) A law enforcement officer, firefighter, or emergency response
427	427	32 personnel while engaged in the performance of official duties.
428	428	33 (4) A person going on railroad property in an emergency to rescue
429	429	34 a person or animal from harm's way or to remove an object that
430	430	35 the person reasonably believes poses an imminent threat to life or
431	431	36 limb.
432	432	37 (5) A person on the station grounds or in the depot of a railroad
433	433	38 carrier:
434	434	39 (A) as a passenger; or
435	435	40 (B) for the purpose of transacting lawful business.
436	436	41 (6) A:
437	437	42 (A) person; or
438	438	2025 IN 1189—LS 7222/DI 154 11
439	439	1 (B) person's:
440	440	2 (i) family member;
441	441	3 (ii) invitee;
442	442	4 (iii) employee;
443	443	5 (iv) agent; or
444	444	6 (v) independent contractor;
445	445	7 going on a railroad's right-of-way for the purpose of crossing at a
446	446	8 private crossing site approved by the railroad carrier to obtain
447	447	9 access to land that the person owns, leases, or operates.
448	448	10 (7) A person having written permission from the railroad carrier
449	449	11 to go on specified railroad property.
450	450	12 (8) A representative of the Indiana department of transportation
451	451	13 while engaged in the performance of official duties.
452	452	14 (9) A representative of the federal Railroad Administration while
453	453	15 engaged in the performance of official duties.
454	454	16 (10) A representative of the National Transportation Safety Board
455	455	17 while engaged in the performance of official duties.
456	456	2025 IN 1189—LS 7222/DI 154