Indiana 2025 2025 Regular Session

Indiana Senate Bill SB0157 Introduced / Bill

Filed 12/30/2024

                     
Introduced Version
SENATE BILL No. 157
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 32-31-12.
Synopsis:  Protection of property rights. Defines "squatter" as an
individual who occupies the property of another and who does not have
and has never had: (1) a rental agreement; (2) permission of the owner;
or (3) another legal interest in the property. Permits a property owner
to execute an affidavit stating that a squatter is occupying the person's
property, and requires a law enforcement agency to dispatch one or
more law enforcement officers to remove the squatter within 48 hours
(or a later period if necessary for reasons of public safety). Requires a
dispatched law enforcement officer to remove the squatter from the
property unless the law enforcement officer discovers credible written
evidence that the person is not a squatter.
Effective:  July 1, 2025.
Gaskill
January 8, 2025, read first time and referred to Committee on Judiciary.
2025	IN 157—LS 6579/DI 151 Introduced
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.
SENATE BILL No. 157
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 12. Expedited Removal of Squatters
5 Sec. 1. This chapter applies only to the removal of a squatter.
6 Sec. 2. As used in this chapter, "squatter" means an individual
7 who:
8 (1) occupies the property of another person;
9 (2) does not have a rental agreement, permission of the
10 property owner, or any other property interest authorizing
11 the individual to occupy the other person's property; and
12 (3) has never had a rental agreement, permission of the
13 property owner, or any other property interest that
14 authorized the individual to occupy the other person's
15 property.
16 The term does not include a person whose rental agreement has
17 expired or who may have violated the rental agreement.
2025	IN 157—LS 6579/DI 151 2
1 Sec. 3. (a) A property owner who discovers that a squatter is
2 occupying the owner's property may execute an affidavit stating
3 that the squatter:
4 (1) is occupying the owner's property;
5 (2) does not have a rental agreement, permission of the owner,
6 or any other property interest authorizing the individual to
7 occupy the owner's property; and
8 (3) has never had a rental agreement, permission of the
9 owner, or any other property interest that authorized the
10 individual to occupy the other owner's property.
11 (b) An affidavit executed under this section must state that a
12 person who makes a false statement on the affidavit is subject to
13 the penalties of perjury.
14 Sec. 4. (a) A property owner may provide a law enforcement
15 agency with a copy of the affidavit described in section 3 of this
16 chapter.
17 (b) Except as provided in subsection (c), not later than
18 forty-eight (48) hours after receipt of the affidavit, the law
19 enforcement agency shall dispatch one (1) or more law
20 enforcement officers to remove the squatter from the owner's
21 property.
22 (c) A law enforcement agency may dispatch one (1) or more law
23 enforcement officers to remove a squatter later than forty-eight
24 (48) hours after receipt of the affidavit for reasons of public safety.
25 However, the law enforcement agency shall dispatch one (1) or
26 more law enforcement officers to remove the squatter as soon as
27 practicable.
28 Sec. 5. (a) A law enforcement officer dispatched to remove a
29 squatter shall remove the squatter from the property unless the
30 law enforcement officer discovers credible written evidence that
31 the individual is not a squatter because the individual:
32 (1) has a rental agreement, permission of the property owner,
33 or any other property interest permitting the individual to
34 occupy the property; or
35 (2) formerly had a rental agreement, permission of the
36 property owner, or any other property interest that allowed
37 the individual to occupy the property.
38 (b) In addition to removing the squatter from the property, a
39 law enforcement officer may arrest the squatter if the law
40 enforcement officer has probable cause to believe that the squatter
41 has committed an offense.
42 Sec. 6. The provisions for the removal of a squatter under this
2025	IN 157—LS 6579/DI 151 3
1 chapter are in addition to and supplement any other legal remedies
2 available to the property owner, including filing an action for
3 possession or emergency possession under this article.
2025	IN 157—LS 6579/DI 151