Indiana 2025 Regular Session

Indiana Senate Bill SB0157 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ES0157~~.1
2		-	~~March 24, 2025~~
3		-	~~ENGROSSED~~
	1	+	SB0157.2
	2	+	Reprinted
	3	+	January 31, 2025
4	4		SENATE BILL No. 157
5	5		_____
6		-	DIGEST OF SB 157 (Updated ~~March 24~~, 2025 1:47 pm - DI ~~151~~)
	6	+	DIGEST OF SB 157 (Updated January 30, 2025 2:37 pm - DI 149)
7	7		Citations Affected: IC 32-31; IC 34-30.
8	8		Synopsis: Protection of property rights. Defines "squatter" as an
9	9		individual who occupies the property of another and who does not have
10	10		and has never had: (1) a rental agreement; (2) permission of the owner;
11	11		or (3) another legal interest in the property. Permits a property owner
12	12		to execute an affidavit stating that a squatter is occupying the person's
13	13		property, and requires a law enforcement agency to dispatch one or
14	14		more law enforcement officers to remove the squatter within 48 hours
15		-	(or a later period if necessary for reasons of public safety). Provides
16		-	that a property owner can execute an affidavit at the time a law
17		-	enforcement officer responds to a complaint that a squatter is
18		-	occupying the owner's property. Requires a dispatched law
19		-	enforcement officer to remove the squatter from the property unless the
20		-	law enforcement officer discovers credible evidence that the person is
21		-	not a squatter. Provides certain immunities to a law enforcement
22		-	agency and a law enforcement officer. Establishes a cause of action for
23		-	wrongful removal from property.
	15	+	(or a later period if necessary for reasons of public safety). Requires a
	16	+	dispatched law enforcement officer to remove the squatter from the
	17	+	property unless the law enforcement officer discovers credible
	18	+	evidence that the person is not a squatter. Provides certain immunities
	19	+	to a law enforcement agency and a law enforcement officer.
24	20		Effective: July 1, 2025.
25	21		Gaskill, Baldwin, Young M,
26		-	Randolph Lonnie M, Freeman, Byrne,
27		-	Doriot, Rogers
28		-	(HOUSE SPONSORS — KING, DAVIS, ABBOTT, O'BRIEN)
	22	+	Randolph Lonnie M, Freeman
29	23		January 8, 2025, read first time and referred to Committee on Judiciary.
30	24		January 23, 2025, amended, reported favorably — Do Pass.
31	25		January 30, 2025, read second time, amended, ordered engrossed.
32		-	January 31, 2025, engrossed.
33		-	February 3, 2025, read third time, passed. Yeas 48, nays 1.
34		-	HOUSE ACTION
35		-	March 3, 2025, read first time and referred to Committee on Judiciary.
36		-	March 24, 2025, amended, reported — Do Pass.
37		-	ES 157—LS 6579/DI 151 March 24, 2025
	26	+	SB 157—LS 6579/DI 151 Reprinted
	27	+	January 31, 2025
38	28		First Regular Session of the 124th General Assembly (2025)
39	29		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
40	30		Constitution) is being amended, the text of the existing provision will appear in this style type,
41	31		additions will appear in this style type, and deletions will appear in this style type.
42	32		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
43	33		provision adopted), the text of the new provision will appear in this style type. Also, the
44	34		word NEW will appear in that style type in the introductory clause of each SECTION that adds
45	35		a new provision to the Indiana Code or the Indiana Constitution.
46	36		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
47	37		between statutes enacted by the 2024 Regular Session of the General Assembly.
48		-	ENGROSSED
49	38		SENATE BILL No. 157
50	39		A BILL FOR AN ACT to amend the Indiana Code concerning
51	40		property.
52	41		Be it enacted by the General Assembly of the State of Indiana:
53	42		1 SECTION 1. IC 32-31-12 IS ADDED TO THE INDIANA CODE
54	43		2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
55	44		3 JULY 1, 2025]:
56	45		4 Chapter 12. Expedited Removal of Squatters
57	46		5 Sec. 1. This chapter applies only to the removal of a squatter.
58	47		6 Sec. 2. As used in this chapter, "squatter" means an individual
59	48		7 who:
60	49		8 (1) occupies the property of another person;
61	50		9 (2) does not have a rental agreement, permission of the
62	51		10 property owner, or any other property interest authorizing
63	52		11 the individual to occupy the other person's property; and
64	53		12 (3) has never had a rental agreement, permission of the
65	54		13 property owner, or any other property interest that
66	55		14 authorized the individual to occupy the other person's
67	56		15 property.
68	57		16 The term does not include a person whose rental agreement has
69	58		17 expired or who may have violated the rental agreement, or a
70		-	ES 157—LS 6579/DI 151 2
	59	+	SB 157—LS 6579/DI 151 2
71	60		1 person who is an invitee on the real property.
72	61		2 Sec. 3. (a) A property owner who discovers that a squatter is
73	62		3 occupying the owner's property may execute an affidavit stating
74	63		4 that the squatter:
75	64		5 (1) is occupying the owner's property;
76	65		6 (2) does not have a rental agreement, permission of the owner,
77	66		7 or any other property interest authorizing the individual to
78	67		8 occupy the owner's property; and
79	68		9 (3) has never had a rental agreement, permission of the
80	69		10 owner, or any other property interest that authorized the
81	70		11 individual to occupy the other owner's property.
82	71		12 (b) An affidavit executed under this section must state that a
83	72		13 person who makes a false statement on the affidavit is subject to
84	73		14 the penalties of perjury.
85	74		15 Sec. 4. (a) A property owner may provide a law enforcement
86	75		16 agency with a copy of the affidavit described in section 3 of this
87	76		17 chapter.
88	77		18 (b) Except as provided in subsection (c), not later than
89	78		19 forty-eight (48) hours after receipt of the affidavit, the law
90	79		20 enforcement agency shall dispatch one (1) or more law
91	80		21 enforcement officers to remove the squatter from the owner's
92	81		22 property.
93	82		23 (c) A law enforcement agency may dispatch one (1) or more law
94	83		24 enforcement officers to remove a squatter later than forty-eight
95	84		25 (48) hours after receipt of the affidavit for reasons of public safety.
96	85		26 However, the law enforcement agency shall dispatch one (1) or
97	86		27 more law enforcement officers to remove the squatter as soon as
98	87		28 practicable.
99		-	29 (d) Nothing in this section shall prohibit:
100		-	30 (1) a property owner from executing an affidavit described in
101		-	31 section 3 of this chapter; and
102		-	32 (2) a law enforcement officer from removing a squatter upon
103		-	33 receipt of an executed affidavit under section 3 of this
104		-	34 chapter;
105		-	35 at the time a law enforcement officer is responding to a complaint
106		-	36 that a squatter is occupying the owner's property.
107		-	37 Sec. 5. (a) Except as provided in subsection (b), a law
108		-	38 enforcement officer dispatched to remove a squatter shall remove
109		-	39 the squatter from the property unless the law enforcement officer
110		-	40 discovers credible evidence that the individual is not a squatter
111		-	41 because the individual:
112		-	42 (1) has a rental agreement, permission of the property owner,
113		-	ES 157—LS 6579/DI 151 3
114		-	1 or any other property interest permitting the individual to
115		-	2 occupy the property; or
116		-	3 (2) formerly had a rental agreement, permission of the
117		-	4 property owner, or any other property interest that allowed
118		-	5 the individual to occupy the property.
119		-	6 (b) A law enforcement officer dispatched to remove a squatter
120		-	7 shall remove the squatter from the property unless the law
121		-	8 enforcement officer discovers credible evidence that the individual
122		-	9 is an invitee of:
123		-	10 (1) the property owner; or
124		-	11 (2) a person who has or formerly had a rental agreement or
125		-	12 permission of the property owner to occupy the property.
126		-	13 A law enforcement officer dispatched to remove a squatter from a
127		-	14 railroad or a railroad car may rely upon a statement from an
128		-	15 individual working on the railroad or in the railroad car that the
129		-	16 individual alleged to be the squatter does not have a lawful reason
130		-	17 to be on the railroad or in the railroad car as credible evidence to
131		-	18 remove the squatter under this subsection.
132		-	19 (c) In addition to removing the squatter from the property, a
133		-	20 law enforcement officer may arrest the squatter if the law
134		-	21 enforcement officer has probable cause to believe that the squatter
135		-	22 has committed an offense.
136		-	23 Sec. 6. The provisions for the removal of a squatter under this
137		-	24 chapter are in addition to and supplement any other legal remedies
138		-	25 available to the property owner, including filing an action for
139		-	26 possession or emergency possession under this article.
140		-	27 Sec. 7. A law enforcement agency or law enforcement officer is
141		-	28 immune from civil liability for acting within the scope of the law
142		-	29 enforcement agency's or law enforcement officer's duties to
143		-	30 enforce a requirement of this chapter.
144		-	31 Sec. 8. (a) For purposes of this section, a person is wrongfully
145		-	32 removed from property under this chapter if the affiant makes any
146		-	33 false statements on an affidavit described in section 3 of this
147		-	34 chapter.
148		-	35 (b) A person wrongfully removed from property under this
149		-	36 chapter may bring a civil cause of action against the affiant.
150		-	37 (c) It shall not be a defense to any action brought under this
151		-	38 section that at the time the person was removed from the property
152		-	39 the affiant did not know that the person had:
153		-	40 (1) a rental agreement authorizing the person's occupancy;
154		-	41 (2) permission of the owner to occupy the property; or
155		-	42 (3) any other property interest authorizing the individual to
156		-	ES 157—LS 6579/DI 151 4
157		-	1 occupy the property.
158		-	2 (d) If a person prevails in an action for wrongful removal under
159		-	3 this section, the court:
160		-	4 (1) may restore possession of the property to the prevailing
161		-	5 party;
162		-	6 (2) shall award actual damages, court costs, and attorney's
163		-	7 fees; and
164		-	8 (3) shall impose a fine of twenty-five thousand dollars
165		-	9 ($25,000) against the affiant to be deposited in the state
166		-	10 general fund.
167		-	11 (e) The court shall advance the cause on the calendar.
168		-	12 SECTION 2. IC 34-30-2.1-533.3 IS ADDED TO THE INDIANA
169		-	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
170		-	14 [EFFECTIVE JULY 1, 2025]: Sec. 533.3. IC 32-31-12-7 (Concerning
171		-	15 a law enforcement agency or law enforcement officer for
172		-	16 enforcement concerning the removal of a squatter).
173		-	ES 157—LS 6579/DI 151 5
	88	+	29 Sec. 5. (a) Except as provided in subdivision (b), a law
	89	+	30 enforcement officer dispatched to remove a squatter shall remove
	90	+	31 the squatter from the property unless the law enforcement officer
	91	+	32 discovers credible written evidence that the individual is not a
	92	+	33 squatter because the individual:
	93	+	34 (1) has a rental agreement, permission of the property owner,
	94	+	35 or any other property interest permitting the individual to
	95	+	36 occupy the property; or
	96	+	37 (2) formerly had a rental agreement, permission of the
	97	+	38 property owner, or any other property interest that allowed
	98	+	39 the individual to occupy the property.
	99	+	40 (b) A law enforcement officer dispatched to remove a squatter
	100	+	41 shall remove the squatter from the property unless the law
	101	+	42 enforcement officer discovers credible evidence that the individual
	102	+	SB 157—LS 6579/DI 151 3
	103	+	1 is an invitee of:
	104	+	2 (1) the property owner; or
	105	+	3 (2) a person that has or formerly had a rental agreement or
	106	+	4 permission of the property owner to occupy the property.
	107	+	5 A law enforcement officer dispatched to remove a squatter from a
	108	+	6 railroad or a railroad car may rely upon a statement from an
	109	+	7 individual working on the railroad or in the railroad car that the
	110	+	8 individual alleged to be the squatter does not have a lawful reason
	111	+	9 to be on the railroad or in the railroad car as credible evidence to
	112	+	10 remove the squatter under this subsection.
	113	+	11 (c) In addition to removing the squatter from the property, a
	114	+	12 law enforcement officer may arrest the squatter if the law
	115	+	13 enforcement officer has probable cause to believe that the squatter
	116	+	14 has committed an offense.
	117	+	15 Sec. 6. The provisions for the removal of a squatter under this
	118	+	16 chapter are in addition to and supplement any other legal remedies
	119	+	17 available to the property owner, including filing an action for
	120	+	18 possession or emergency possession under this article.
	121	+	19 Sec. 7. A law enforcement agency or law enforcement officer is
	122	+	20 immune from civil liability for acting within the scope of the law
	123	+	21 enforcement agency's or law enforcement officer's duties to
	124	+	22 enforce a requirement of this chapter.
	125	+	23 SECTION 2. IC 34-30-2.1-533.3 IS ADDED TO THE INDIANA
	126	+	24 CODE AS A NEW SECTION TO READ AS FOLLOWS
	127	+	25 [EFFECTIVE JULY 1, 2025]: Sec. 533.3. IC 32-31-12-7 (Concerning
	128	+	26 a law enforcement agency or law enforcement officer for
	129	+	27 enforcement concerning the removal of a squatter).
	130	+	SB 157—LS 6579/DI 151 4
174	131		COMMITTEE REPORT
175	132		Mr. President: The Senate Committee on Judiciary, to which was
176	133		referred Senate Bill No. 157, has had the same under consideration and
177	134		begs leave to report the same back to the Senate with the
178	135		recommendation that said bill be AMENDED as follows:
179	136		Page 1, line 17, delete "agreement." and insert "agreement, or a
180	137		person who is an invitee on the real property.".
181	138		Page 2, line 28, delete "A law" and insert "Except as provided in
182	139		subdivision (b), a law".
183	140		Page 2, between lines 37 and 38, begin a new paragraph and insert:
184	141		"(b) A law enforcement officer dispatched to remove a squatter
185	142		shall remove the squatter from the property unless the law
186	143		enforcement officer discovers credible evidence that the individual
187	144		is an invitee of:
188	145		(1) the property owner; or
189	146		(2) a person that has or formerly had a rental agreement or
190	147		permission of the property owner to occupy the property.".
191	148		Page 2, line 38, delete "(b)" and insert "(c)".
192	149		Page 3, after line 3, begin a new paragraph and insert:
193	150		"Sec. 7. A law enforcement agency or law enforcement officer is
194	151		immune from civil liability for acting within the scope of the law
195	152		enforcement agency's or law enforcement officer's duties to
196	153		enforce a requirement of this chapter.
197	154		SECTION 2. IC 34-30-2.1-533.3 IS ADDED TO THE INDIANA
198	155		CODE AS A NEW SECTION TO READ AS FOLLOWS
199	156		[EFFECTIVE JULY 1, 2025]: Sec. 533.3. IC 32-31-12-7 (Concerning
200	157		a law enforcement agency or law enforcement officer for
201	158		enforcement concerning the removal of a squatter).".
202	159		Renumber all SECTIONS consecutively.
203	160		and when so amended that said bill do pass.
204	161		(Reference is to SB 157 as introduced.)
205	162		BROWN L, Chairperson
206	163		Committee Vote: Yeas 8, Nays 2.
207		-	ES 157—LS 6579/DI 151 6
	164	+	SB 157—LS 6579/DI 151 5
208	165		SENATE MOTION
209	166		Mr. President: I move that Senate Bill 157 be amended to read as
210	167		follows:
211	168		Page 3, between lines 4 and 5, begin a new line blocked left and
212	169		insert:
213	170		"A law enforcement officer dispatched to remove a squatter from
214	171		a railroad or a railroad car may rely upon a statement from an
215	172		individual working on the railroad or in the railroad car that the
216	173		individual alleged to be the squatter does not have a lawful reason
217	174		to be on the railroad or in the railroad car as credible evidence to
218	175		remove the squatter under this subsection.".
219	176		(Reference is to SB 157 as printed January 24, 2025.)
220	177		FREEMAN
221		-	_____
222		-	COMMITTEE REPORT
223		-	Mr. Speaker: Your Committee on Judiciary, to which was referred
224		-	Senate Bill 157, has had the same under consideration and begs leave
225		-	to report the same back to the House with the recommendation that said
226		-	bill be amended as follows:
227		-	Page 2, between lines 28 and 29, begin a new paragraph and insert:
228		-	"(d) Nothing in this section shall prohibit:
229		-	(1) a property owner from executing an affidavit described in
230		-	section 3 of this chapter; and
231		-	(2) a law enforcement officer from removing a squatter upon
232		-	receipt of an executed affidavit under section 3 of this
233		-	chapter;
234		-	at the time a law enforcement officer is responding to a complaint
235		-	that a squatter is occupying the owner's property.".
236		-	Page 2, line 29, delete "subdivision" and insert "subsection".
237		-	Page 2, line 32, delete "written".
238		-	Page 3, line 3, delete "that" and insert "who".
239		-	Page 3, between lines 22 and 23, begin a new paragraph and insert:
240		-	"Sec. 8. (a) For purposes of this section, a person is wrongfully
241		-	removed from property under this chapter if the affiant makes any
242		-	false statements on an affidavit described in section 3 of this
243		-	chapter.
244		-	(b) A person wrongfully removed from property under this
245		-	chapter may bring a civil cause of action against the affiant.
246		-	ES 157—LS 6579/DI 151 7
247		-	(c) It shall not be a defense to any action brought under this
248		-	section that at the time the person was removed from the property
249		-	the affiant did not know that the person had:
250		-	(1) a rental agreement authorizing the person's occupancy;
251		-	(2) permission of the owner to occupy the property; or
252		-	(3) any other property interest authorizing the individual to
253		-	occupy the property.
254		-	(d) If a person prevails in an action for wrongful removal under
255		-	this section, the court:
256		-	(1) may restore possession of the property to the prevailing
257		-	party;
258		-	(2) shall award actual damages, court costs, and attorney's
259		-	fees; and
260		-	(3) shall impose a fine of twenty-five thousand dollars
261		-	($25,000) against the affiant to be deposited in the state
262		-	general fund.
263		-	(e) The court shall advance the cause on the calendar.".
264		-	and when so amended that said bill do pass.
265		-	(Reference is to SB 157 as reprinted January 31, 2025.)
266		-	JETER
267		-	Committee Vote: yeas 9, nays 3.
268		-	ES 157—LS 6579/DI 151
	178	+	SB 157—LS 6579/DI 151