Indiana 2025 Regular Session

Indiana House Bill HB1424 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. 1424
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-11-10; IC 34-12-4.
7	7	Synopsis: Causes of action. Limits a civil cause of action concerning
8	8	a public nuisance. Prohibits certain causes of action against a property
9	9	owner, a business owner, or a third party business operator for a
10	10	criminal act committed by another person: (1) on the property; (2) at
11	11	the business; or (3) on a premises, owned by another person.
12	12	Effective: July 1, 2025.
13	13	Lehman
14	14	January 13, 2025, read first time and referred to Committee on Judiciary.
15	15	2025 IN 1424—LS 7478/DI 149 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1424
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning civil
28	28	procedure.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 34-11-10 IS ADDED TO THE INDIANA CODE
31	31	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]:
33	33	4 Chapter 10. Limitations on a Public Nuisance Action
34	34	5 Sec. 1. The following definitions apply throughout this chapter:
35	35	6 (1) "Established public right" means a right, commonly held
36	36	7 by all members of the public, to the use of public land, air, or
37	37	8 water.
38	38	9 (2) "Public nuisance" means an ongoing and unlawful
39	39	10 condition that proximately causes an interference with an
40	40	11 established public right.
41	41	12 (3) "Unlawful condition" means a circumstance that is
42	42	13 expressly prohibited by state or federal law.
43	43	14 Sec. 2. For purposes of this chapter, the following are not a
44	44	15 public nuisance:
45	45	16 (1) An action or condition that is expressly permitted by:
46	46	17 (A) a local ordinance;
47	47	2025 IN 1424—LS 7478/DI 149 2
48	48	1 (B) state or federal law; or
49	49	2 (C) a court order.
50	50	3 (2) The distribution or manufacturing of a product, unless the
51	51	4 act of distribution or manufacturing the product creates a
52	52	5 public nuisance.
53	53	6 Sec. 3. (a) A public nuisance cause of action shall only be
54	54	7 available to a governmental entity if the unlawful condition is
55	55	8 occurring within the jurisdiction of the governmental entity.
56	56	9 (b) A financial expenditure made by a governmental entity
57	57	10 related to an:
58	58	11 (1) injunction concerning an unlawful condition; or
59	59	12 (2) effort to remediate an unlawful condition;
60	60	13 does not establish a public nuisance cause of action.
61	61	14 Sec. 4. (a) Unless otherwise set forth in statute, a governmental
62	62	15 entity may bring a civil action concerning a public nuisance and
63	63	16 may only seek prospective injunctive relief for abatement of the
64	64	17 public nuisance.
65	65	18 (b) A governmental entity may not recover economic,
66	66	19 noneconomic, or exemplary damages or costs associated with a
67	67	20 potential future harm.
68	68	21 Sec. 5. (a) A private person may only bring a public nuisance
69	69	22 cause of action if the injury suffered by the private person is:
70	70	23 (1) proximately caused by the ongoing, unlawful condition;
71	71	24 and
72	72	25 (2) materially different from an injury suffered by another
73	73	26 private person who has already filed a civil action related to
74	74	27 the same public nuisance.
75	75	28 (b) Interference with the personal, spiritual, cultural, or
76	76	29 emotional use of public land, air, or water cannot by itself establish
77	77	30 a public nuisance cause of action under this section.
78	78	31 (c) A financial expenditure made by a private person related to
79	79	32 an:
80	80	33 (1) injunction concerning an unlawful condition; or
81	81	34 (2) effort to remediate an unlawful condition;
82	82	35 does not establish a public nuisance cause of action.
83	83	36 (d) The aggregation of:
84	84	37 (1) multiple injuries; or
85	85	38 (2) private nuisances;
86	86	39 that are not considered a public nuisance individually do not
87	87	40 constitute a public nuisance.
88	88	41 (e) A private person that brings a public nuisance cause of
89	89	42 action under this section may seek the following:
90	90	2025 IN 1424—LS 7478/DI 149 3
91	91	1 (1) Prospective injunctive relief for abatement of the public
92	92	2 nuisance.
93	93	3 (2) Compensatory damages.
94	94	4 Sec. 6. Unless otherwise set forth in statute, it is an affirmative
95	95	5 defense to a cause of action brought under this chapter that the
96	96	6 defendant does not have actual control over the source of the
97	97	7 alleged public nuisance.
98	98	8 Sec. 7. This chapter applies to a cause of action filed on or after
99	99	9 July 1, 2025.
100	100	10 SECTION 2. IC 34-12-4 IS ADDED TO THE INDIANA CODE AS
101	101	11 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
102	102	12 1, 2025]:
103	103	13 Chapter 4. Prohibited Legal Action Involving Crimes on Private
104	104	14 Property
105	105	15 Sec. 1. This chapter does not apply to a criminal act committed
106	106	16 by an employee or an agent of a:
107	107	17 (1) person who owns or has an interest in land;
108	108	18 (2) person who owns or operates a business;
109	109	19 (3) third party business operator; or
110	110	20 (4) property manager.
111	111	21 Sec. 2. (a) A person may not bring or maintain an action against
112	112	22 a:
113	113	23 (1) person who owns property for a criminal act committed by
114	114	24 another person on the property;
115	115	25 (2) person who owns a business for a criminal act committed
116	116	26 by another person at the business; or
117	117	27 (3) third party business operator who conducts business on
118	118	28 any premises owned by another person for a criminal act
119	119	29 committed by another person on premises owned by another
120	120	30 person.
121	121	31 (b) A person may not bring or maintain an action described in
122	122	32 subsection (a) if the person was the one who committed the
123	123	33 criminal act.
124	124	2025 IN 1424—LS 7478/DI 149