*HB1662.1*
February 17, 2025
HOUSE BILL No. 1662
_____
DIGEST OF HB 1662 (Updated February 17, 2025 1:15 pm - DI 87)
Citations Affected: IC 35-52; IC 36-1.
Synopsis: State and local policies on homelessness. 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 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.
Effective: July 1, 2025.
Davis
January 21, 2025, read first time and referred to Committee on Government and Regulatory
Reform.
February 17, 2025, amended, reported — Do Pass.
HB 1662—LS 7332/DI 129 February 17, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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
word NEW will appear in that style type in the introductory clause of each SECTION that adds
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 local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-52-36-0.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. IC 36-1-31.5-1 defines a
4 crime concerning the unauthorized use of land owned by the state
5 or a political subdivision to camp, sleep, or use for long term
6 shelter.
7 SECTION 2. IC 36-1-31.5 IS ADDED TO THE INDIANA CODE
8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]:
10 Chapter 31.5. Prohibition of Street Camping
11 Sec. 1. (a) A person may not camp, sleep, or use for long term
12 shelter land owned by the state or a political subdivision, unless the
13 land has been authorized for that use by law.
14 (b) If:
15 (1) a person violates subsection (a); and
HB 1662—LS 7332/DI 129 2
1 (2) the person has not previously violated subsection (a);
2 the law enforcement officer who discovers the violation shall first
3 give the person a warning and offer to transport the person to a
4 location authorized by law to receive services or shelter.
5 (c) A person who knowingly or intentionally violates subsection
6 (a) after:
7 (1) having first received a warning under subsection (b); and
8 (2) twenty-four (24) hours have elapsed since the warning was
9 given under subsection (b);
10 commits a Class C misdemeanor.
11 (d) It is a defense to a prosecution under subsection (c) that
12 there are no services or shelter available at a location authorized
13 by law within five (5) miles of where the violation of this section
14 occurred.
15 Sec. 2. (a) A political subdivision shall not adopt or enforce any
16 policy under which the political subdivision prohibits or
17 discourages the enforcement of any order or ordinance prohibiting
18 public camping, sleeping, or other obstruction of a sidewalk.
19 (b) In compliance with subsection (a), a political subdivision
20 shall not prohibit or discourage a law enforcement officer or
21 prosecuting attorney who is employed by or otherwise under the
22 direction or control of the political subdivision from enforcing any
23 order or ordinance prohibiting public camping, sleeping, or other
24 obstruction of a sidewalk.
25 (c) A resident of the political subdivision, an owner of a business
26 located in the political subdivision, or the attorney general may
27 bring a civil action in any court with jurisdiction against any
28 political subdivision to enjoin the political subdivision from
29 violating this section.
30 (d) The attorney general may recover reasonable expenses
31 incurred in any civil action brought under this section, including
32 court costs, reasonable attorney's fees, investigative costs, witness
33 fees, and deposition costs.
34 Sec. 3. This chapter does not prohibit a policy of any political
35 subdivision that encourages diversion programs or offering of
36 services in lieu of a citation or arrest.
HB 1662—LS 7332/DI 129 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1662, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Page 1, delete lines 1 through 15.
Delete pages 2 through 3.
Page 4, delete lines 1 through 2.
Page 4, line 15, delete "under IC 5-20-12 or another" and insert
"by".
Page 4, line 22, delete "under IC 5-20-12 or another" and insert
"by".
Page 4, line 32, delete "under IC 5-20-12 or another" and insert
"by".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1662 as introduced.)
MILLER D
Committee Vote: yeas 9, nays 4.
HB 1662—LS 7332/DI 129