Indiana 2025 2025 Regular Session

Indiana House Bill HB1662 Introduced / Bill

Filed 01/15/2025

                     
Introduced Version
HOUSE BILL No. 1662
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 5-20-12; IC 34-30-2.1-49.5; IC 35-52-36-0.5;
IC 36-1-31.5.
Synopsis:  State and local policies on homelessness. Provides that any
state funds available to the Indiana housing and community
development authority (authority) for programs for individuals
experiencing homelessness are appropriated (subject to specified
conditions and requirements) for the following purposes: (1) Parking
areas. (2) Camping facilities. (3) Individual shelters. (4) Congregate
shelters. Specifies that state funds otherwise used for permanent
housing must be used to assist individuals with substance use, mental
health treatment, and other services, including short term housing.
Prohibits the use of state funds for the Indiana housing first program
unless the expenditure is for a purpose allowed under the bill. Provides
that the authority must award certain funds as performance payments
for political subdivisions or nonprofit organizations that reduce the
number of individuals with days unhoused, days in jail or prison, or
(Continued next page)
Effective:  July 1, 2025.
Davis
January 21, 2025, read first time and referred to Committee on Government and Regulatory
Reform.
2025	IN 1662—LS 7332/DI 129 Digest Continued
days hospitalized. Specifies that a person who owns or operates a
private camping facility funded under the bill's provisions is immune
from civil liability. Prohibits an individual from camping, sleeping, or
using for long term shelter land owned by the state or a political
subdivision, unless the land has been authorized for that use under the
provisions added by the bill or another law. Provides, if certain
elements are met, that a person who knowingly or intentionally uses
land owned by the state or a political subdivision for unauthorized
camping, sleeping, or long term shelter commits a Class C
misdemeanor. Establishes an affirmative defense to such a prosecution.
Prohibits a political subdivision from adopting or enforcing any policy
that prohibits or discourages the enforcement of any order or ordinance
prohibiting public camping, sleeping, or other obstruction of a
sidewalk. Authorizes a resident of the political subdivision, an owner
of a business located in the political subdivision, or the attorney general
to bring a civil action to enjoin a political subdivision that adopts or
enforces such a policy. Makes conforming changes. Makes an
appropriation.
2025	IN 1662—LS 7332/DI 1292025	IN 1662—LS 7332/DI 129 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1662
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-20-12 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 12. Use of State Funds for Housing or Homelessness
5 Sec. 1. This chapter does not apply to the disbursement or
6 provision of state grants and funds to shelters for victims of
7 domestic violence.
8 Sec. 2. As used in this chapter, "authority" refers to the Indiana
9 housing and community development authority created by
10 IC 5-20-1-3.
11 Sec. 3. As used in this chapter, "political subdivision" has the
12 meaning set forth in IC 36-1-2-13.
13 Sec. 4. (a) As used in this chapter, "state funds" means any
14 funds appropriated to the authority by the state for housing or
15 homelessness and includes any federal funds received by the state
2025	IN 1662—LS 7332/DI 129 2
1 for housing or homelessness.
2 (b) The term does not include any federal funds to the extent the
3 expenditure of the federal funds is lawfully restricted to exclude
4 housing or homelessness programs set forth in this chapter.
5 Sec. 5. Notwithstanding IC 5-20-9 and any amounts
6 appropriated to IC 5-20-9, the authority may not expend state
7 funds under IC 5-20-9 unless the expenditure is for a purpose
8 allowed under this chapter.
9 Sec. 6. Any state funds available to the authority for programs
10 for individuals experiencing homelessness are appropriated for any
11 of the following purposes:
12 (1) For parking areas, at which the following shall be
13 available:
14 (A) Access to potable water and electric outlets.
15 (B) Access to bathrooms sufficient to serve all of the
16 parking areas.
17 (2) For camping facilities at which only an individual
18 experiencing homelessness may camp and store personal
19 property. The following requirements apply to a camping
20 facility:
21 (A) An individual shall only camp and store personal
22 property at a camping facility in the areas designated to
23 each individual by the agency providing the camping
24 facility.
25 (B) Each camping facility shall offer a mental health and
26 substance use evaluation as designated by a state or local
27 agency. An individual who uses the camping facility may
28 complete the evaluation.
29 (3) For individual shelters, which must meet each of the
30 following criteria:
31 (A) The individual shelter is suitable to house between one
32 (1) and three (3) individuals.
33 (B) The individual shelter provides basic sleeping
34 accommodations and access to electricity.
35 (C) The individual shelter provides adequate access to
36 showers and bathroom facilities.
37 (D) The individual shelter is limited to occupation by each
38 individual for a period of not more than two (2) years.
39 (4) For congregate shelters housing more than four (4)
40 individuals experiencing homelessness in one (1) space. State
41 funds shall be available under this subdivision only to the
42 extent the shelter monitors and provides programs to improve
2025	IN 1662—LS 7332/DI 129 3
1 the employment, income, and prevention of return to
2 homelessness of an individual who leaves a congregate shelter.
3 The authority shall provide performance payments of up to
4 ten percent (10%) for monitoring programs that meet
5 guidelines as established by the authority.
6 An individual who uses a facility described in this section shall be
7 entered into a homelessness management information system
8 maintained by the local continuum of care.
9 Sec. 7. (a) In addition to the purposes described in section 6 of
10 this chapter, state funds must also be used to assist individuals
11 experiencing homelessness with substance use, mental health
12 treatment, and other services, including short term housing.
13 (b) The authority shall provide up to twenty-five percent (25%)
14 of the base allocation of funds as performance payments to a
15 political subdivision or a nonprofit organization providing services
16 under section 6 of this chapter or subsection (a) for meeting
17 predetermined goals on reductions of each of the following:
18 (1) Days unhoused.
19 (2) Days in jail or prison.
20 (3) Days hospitalized, with the relative weight of days
21 hospitalized to be determined by the authority.
22 (c) A political subdivision or a nonprofit organization may use
23 state grants received to conduct surveys to identify individuals with
24 the greatest number of days unhoused, in jail or prison, or
25 hospitalized, but these expenses shall not exceed ten percent (10%)
26 of the total grant amount.
27 Sec. 8. After June 30, 2025, a political subdivision is not eligible
28 to receive state funding from the authority until the authority
29 determines that the political subdivision is in compliance with this
30 chapter.
31 Sec. 9. A private campground owner or an employee or officer
32 of a private campground operating a facility funded under this
33 chapter is immune from civil liability for all claims, excluding
34 claims involving the person's intentional or grossly negligent
35 conduct, arising out of the ownership, operation, management, or
36 other control of the facility.
37 Sec. 10. The authority may adopt rules under IC 4-22-2 to carry
38 out this chapter.
39 SECTION 2. IC 34-30-2.1-49.5 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2025]: Sec. 49.5. IC 5-20-12-9 (Concerning
42 the operation of a facility for individuals experiencing
2025	IN 1662—LS 7332/DI 129 4
1 homelessness by a private campground owner or an employee or
2 officer of a private campground).
3 SECTION 3. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. IC 36-1-31.5-1 defines a
6 crime concerning the unauthorized use of land owned by the state
7 or a political subdivision to camp, sleep, or use for long term
8 shelter.
9 SECTION 4. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]:
12 Chapter 31.5. Prohibition of Street Camping
13 Sec. 1. (a) A person may not camp, sleep, or use for long term
14 shelter land owned by the state or a political subdivision, unless the
15 land has been authorized for that use under IC 5-20-12 or another
16 law.
17 (b) If:
18 (1) a person violates subsection (a); and
19 (2) the person has not previously violated subsection (a);
20 the law enforcement officer who discovers the violation shall first
21 give the person a warning and offer to transport the person to a
22 location authorized under IC 5-20-12 or another law to receive
23 services or shelter.
24 (c) A person who knowingly or intentionally violates subsection
25 (a) after:
26 (1) having first received a warning under subsection (b); and
27 (2) twenty-four (24) hours have elapsed since the warning was
28 given under subsection (b);
29 commits a Class C misdemeanor.
30 (d) It is a defense to a prosecution under subsection (c) that
31 there are no services or shelter available at a location authorized
32 under IC 5-20-12 or another law within five (5) miles of where the
33 violation of this section occurred.
34 Sec. 2. (a) A political subdivision shall not adopt or enforce any
35 policy under which the political subdivision prohibits or
36 discourages the enforcement of any order or ordinance prohibiting
37 public camping, sleeping, or other obstruction of a sidewalk.
38 (b) In compliance with subsection (a), a political subdivision
39 shall not prohibit or discourage a law enforcement officer or
40 prosecuting attorney who is employed by or otherwise under the
41 direction or control of the political subdivision from enforcing any
42 order or ordinance prohibiting public camping, sleeping, or other
2025	IN 1662—LS 7332/DI 129 5
1 obstruction of a sidewalk.
2 (c) A resident of the political subdivision, an owner of a business
3 located in the political subdivision, or the attorney general may
4 bring a civil action in any court with jurisdiction against any
5 political subdivision to enjoin the political subdivision from
6 violating this section.
7 (d) The attorney general may recover reasonable expenses
8 incurred in any civil action brought under this section, including
9 court costs, reasonable attorney's fees, investigative costs, witness
10 fees, and deposition costs.
11 Sec. 3. This chapter does not prohibit a policy of any political
12 subdivision that encourages diversion programs or offering of
13 services in lieu of a citation or arrest.
2025	IN 1662—LS 7332/DI 129