Indiana 2025 Regular Session

Indiana Senate Bill SB0012 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 12
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-31-12.
7	7	Synopsis: Removal of squatters. Defines "squatter" as an individual
8	8	who occupies the property of another and who does not and has never
9	9	had: (1) a rental agreement; (2) permission of the owner; or (3) another
10	10	legal interest in the property. Permits a property owner to execute an
11	11	affidavit stating that a squatter is occupying the person's property, and
12	12	requires a law enforcement agency to dispatch one or more law
13	13	enforcement officers to remove the squatter within 48 hours (or a later
14	14	period if necessary for reasons of public safety). Requires a dispatched
15	15	law enforcement officer to remove the squatter from the property
16	16	unless the law enforcement officer discovers credible written evidence
17	17	that the person is not a squatter.
18	18	Effective: July 1, 2025.
19	19	Tomes
20	20	January 8, 2025, read first time and referred to Committee on Judiciary.
21	21	2025 IN 12—LS 6063/DI 106 Introduced
22	22	First Regular Session of the 124th General Assembly (2025)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2024 Regular Session of the General Assembly.
32	32	SENATE BILL No. 12
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	property.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
37	37	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38	38	3 JULY 1, 2025]:
39	39	4 Chapter 12. Expedited Removal of Squatters
40	40	5 Sec. 1. This chapter applies only to the removal of a squatter.
41	41	6 Sec. 2. As used in this chapter, "squatter" means an individual
42	42	7 who:
43	43	8 (1) occupies the property of another person;
44	44	9 (2) does not have a rental agreement, permission of the
45	45	10 property owner, or any other property interest authorizing
46	46	11 the individual to occupy the other person's property; and
47	47	12 (3) has never had a rental agreement, permission of the
48	48	13 property owner, or any other property interest that
49	49	14 authorized the individual to occupy the other person's
50	50	15 property.
51	51	16 The term does not include a person whose rental agreement has
52	52	17 expired or who may have violated the rental agreement.
53	53	2025 IN 12—LS 6063/DI 106 2
54	54	1 Sec. 3. (a) A property owner who discovers that a squatter is
55	55	2 occupying the owner's property may execute an affidavit stating
56	56	3 that the squatter:
57	57	4 (1) is occupying the owner's property;
58	58	5 (2) does not have a rental agreement, permission of the owner,
59	59	6 or any other property interest authorizing the individual to
60	60	7 occupy the owner's property; and
61	61	8 (3) has never had a rental agreement, permission of the
62	62	9 owner, or any other property interest that authorized the
63	63	10 individual to occupy the owner's property.
64	64	11 (b) An affidavit executed under this section must state that a
65	65	12 person who makes a false statement on the affidavit is subject to
66	66	13 the penalties of perjury.
67	67	14 Sec. 4. (a) A property owner may provide a law enforcement
68	68	15 agency with a copy of the affidavit described in section 3 of this
69	69	16 chapter.
70	70	17 (b) Except as provided in subsection (c), not later than
71	71	18 forty-eight (48) hours after receipt of the affidavit, the law
72	72	19 enforcement agency shall dispatch one (1) or more law
73	73	20 enforcement officers to remove the squatter from the owner's
74	74	21 property.
75	75	22 (c) A law enforcement agency may dispatch one (1) or more law
76	76	23 enforcement officers to remove a squatter later than forty-eight
77	77	24 (48) hours after receipt of the affidavit for reasons of public safety.
78	78	25 However, the law enforcement agency shall dispatch one (1) or
79	79	26 more law enforcement officers to remove the squatter as soon as
80	80	27 practicable.
81	81	28 Sec. 5. (a) A law enforcement officer dispatched to remove a
82	82	29 squatter shall remove the squatter from the property unless the
83	83	30 law enforcement officer discovers credible written evidence that
84	84	31 the individual is not a squatter because the individual:
85	85	32 (1) has a rental agreement, permission of the property owner,
86	86	33 or any other property interest permitting the individual to
87	87	34 occupy the property; or
88	88	35 (2) formerly had a rental agreement, permission of the
89	89	36 property owner, or any other property interest that allowed
90	90	37 the individual to occupy the property.
91	91	38 (b) In addition to removing the squatter from the property, a
92	92	39 law enforcement officer may arrest the squatter if the law
93	93	40 enforcement officer has probable cause to believe that the squatter
94	94	41 has committed an offense.
95	95	42 Sec. 6. The provisions for the removal of a squatter under this
96	96	2025 IN 12—LS 6063/DI 106 3
97	97	1 chapter are in addition to and supplement any other legal remedies
98	98	2 available to the property owner, including filing an action for
99	99	3 possession or emergency possession under this article.
100	100	2025 IN 12—LS 6063/DI 106