*ES0157.1*
March 24, 2025
ENGROSSED
SENATE BILL No. 157
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DIGEST OF SB 157 (Updated March 24, 2025 1:47 pm - DI 151)
Citations Affected: IC 32-31; IC 34-30.
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). Provides
that a property owner can execute an affidavit at the time a law
enforcement officer responds to a complaint that a squatter is
occupying the owner's property. Requires a dispatched law
enforcement officer to remove the squatter from the property unless the
law enforcement officer discovers credible evidence that the person is
not a squatter. Provides certain immunities to a law enforcement
agency and a law enforcement officer. Establishes a cause of action for
wrongful removal from property.
Effective: July 1, 2025.
Gaskill, Baldwin, Young M,
Randolph Lonnie M, Freeman, Byrne,
Doriot, Rogers
(HOUSE SPONSORS — KING, DAVIS, ABBOTT, O'BRIEN)
January 8, 2025, read first time and referred to Committee on Judiciary.
January 23, 2025, amended, reported favorably — Do Pass.
January 30, 2025, read second time, amended, ordered engrossed.
January 31, 2025, engrossed.
February 3, 2025, read third time, passed. Yeas 48, nays 1.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Judiciary.
March 24, 2025, amended, reported — Do Pass.
ES 157—LS 6579/DI 151 March 24, 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.
ENGROSSED
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, or a
ES 157—LS 6579/DI 151 2
1 person who is an invitee on the real property.
2 Sec. 3. (a) A property owner who discovers that a squatter is
3 occupying the owner's property may execute an affidavit stating
4 that the squatter:
5 (1) is occupying the owner's property;
6 (2) does not have a rental agreement, permission of the owner,
7 or any other property interest authorizing the individual to
8 occupy the owner's property; and
9 (3) has never had a rental agreement, permission of the
10 owner, or any other property interest that authorized the
11 individual to occupy the other owner's property.
12 (b) An affidavit executed under this section must state that a
13 person who makes a false statement on the affidavit is subject to
14 the penalties of perjury.
15 Sec. 4. (a) A property owner may provide a law enforcement
16 agency with a copy of the affidavit described in section 3 of this
17 chapter.
18 (b) Except as provided in subsection (c), not later than
19 forty-eight (48) hours after receipt of the affidavit, the law
20 enforcement agency shall dispatch one (1) or more law
21 enforcement officers to remove the squatter from the owner's
22 property.
23 (c) A law enforcement agency may dispatch one (1) or more law
24 enforcement officers to remove a squatter later than forty-eight
25 (48) hours after receipt of the affidavit for reasons of public safety.
26 However, the law enforcement agency shall dispatch one (1) or
27 more law enforcement officers to remove the squatter as soon as
28 practicable.
29 (d) Nothing in this section shall prohibit:
30 (1) a property owner from executing an affidavit described in
31 section 3 of this chapter; and
32 (2) a law enforcement officer from removing a squatter upon
33 receipt of an executed affidavit under section 3 of this
34 chapter;
35 at the time a law enforcement officer is responding to a complaint
36 that a squatter is occupying the owner's property.
37 Sec. 5. (a) Except as provided in subsection (b), a law
38 enforcement officer dispatched to remove a squatter shall remove
39 the squatter from the property unless the law enforcement officer
40 discovers credible evidence that the individual is not a squatter
41 because the individual:
42 (1) has a rental agreement, permission of the property owner,
ES 157—LS 6579/DI 151 3
1 or any other property interest permitting the individual to
2 occupy the property; or
3 (2) formerly had a rental agreement, permission of the
4 property owner, or any other property interest that allowed
5 the individual to occupy the property.
6 (b) A law enforcement officer dispatched to remove a squatter
7 shall remove the squatter from the property unless the law
8 enforcement officer discovers credible evidence that the individual
9 is an invitee of:
10 (1) the property owner; or
11 (2) a person who has or formerly had a rental agreement or
12 permission of the property owner to occupy the property.
13 A law enforcement officer dispatched to remove a squatter from a
14 railroad or a railroad car may rely upon a statement from an
15 individual working on the railroad or in the railroad car that the
16 individual alleged to be the squatter does not have a lawful reason
17 to be on the railroad or in the railroad car as credible evidence to
18 remove the squatter under this subsection.
19 (c) In addition to removing the squatter from the property, a
20 law enforcement officer may arrest the squatter if the law
21 enforcement officer has probable cause to believe that the squatter
22 has committed an offense.
23 Sec. 6. The provisions for the removal of a squatter under this
24 chapter are in addition to and supplement any other legal remedies
25 available to the property owner, including filing an action for
26 possession or emergency possession under this article.
27 Sec. 7. A law enforcement agency or law enforcement officer is
28 immune from civil liability for acting within the scope of the law
29 enforcement agency's or law enforcement officer's duties to
30 enforce a requirement of this chapter.
31 Sec. 8. (a) For purposes of this section, a person is wrongfully
32 removed from property under this chapter if the affiant makes any
33 false statements on an affidavit described in section 3 of this
34 chapter.
35 (b) A person wrongfully removed from property under this
36 chapter may bring a civil cause of action against the affiant.
37 (c) It shall not be a defense to any action brought under this
38 section that at the time the person was removed from the property
39 the affiant did not know that the person had:
40 (1) a rental agreement authorizing the person's occupancy;
41 (2) permission of the owner to occupy the property; or
42 (3) any other property interest authorizing the individual to
ES 157—LS 6579/DI 151 4
1 occupy the property.
2 (d) If a person prevails in an action for wrongful removal under
3 this section, the court:
4 (1) may restore possession of the property to the prevailing
5 party;
6 (2) shall award actual damages, court costs, and attorney's
7 fees; and
8 (3) shall impose a fine of twenty-five thousand dollars
9 ($25,000) against the affiant to be deposited in the state
10 general fund.
11 (e) The court shall advance the cause on the calendar.
12 SECTION 2. IC 34-30-2.1-533.3 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 533.3. IC 32-31-12-7 (Concerning
15 a law enforcement agency or law enforcement officer for
16 enforcement concerning the removal of a squatter).
ES 157—LS 6579/DI 151 5
COMMITTEE REPORT
Mr. President: The Senate Committee on Judiciary, to which was
referred Senate Bill No. 157, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, line 17, delete "agreement." and insert "agreement, or a
person who is an invitee on the real property.".
Page 2, line 28, delete "A law" and insert "Except as provided in
subdivision (b), a law".
Page 2, between lines 37 and 38, begin a new paragraph and insert:
"(b) A law enforcement officer dispatched to remove a squatter
shall remove the squatter from the property unless the law
enforcement officer discovers credible evidence that the individual
is an invitee of:
(1) the property owner; or
(2) a person that has or formerly had a rental agreement or
permission of the property owner to occupy the property.".
Page 2, line 38, delete "(b)" and insert "(c)".
Page 3, after line 3, begin a new paragraph and insert:
"Sec. 7. A law enforcement agency or law enforcement officer is
immune from civil liability for acting within the scope of the law
enforcement agency's or law enforcement officer's duties to
enforce a requirement of this chapter.
SECTION 2. IC 34-30-2.1-533.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 533.3. IC 32-31-12-7 (Concerning
a law enforcement agency or law enforcement officer for
enforcement concerning the removal of a squatter).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 157 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 8, Nays 2.
ES 157—LS 6579/DI 151 6
SENATE MOTION
Mr. President: I move that Senate Bill 157 be amended to read as
follows:
Page 3, between lines 4 and 5, begin a new line blocked left and
insert:
"A law enforcement officer dispatched to remove a squatter from
a railroad or a railroad car may rely upon a statement from an
individual working on the railroad or in the railroad car that the
individual alleged to be the squatter does not have a lawful reason
to be on the railroad or in the railroad car as credible evidence to
remove the squatter under this subsection.".
(Reference is to SB 157 as printed January 24, 2025.)
FREEMAN
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
Senate Bill 157, 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:
Page 2, between lines 28 and 29, begin a new paragraph and insert:
"(d) Nothing in this section shall prohibit:
(1) a property owner from executing an affidavit described in
section 3 of this chapter; and
(2) a law enforcement officer from removing a squatter upon
receipt of an executed affidavit under section 3 of this
chapter;
at the time a law enforcement officer is responding to a complaint
that a squatter is occupying the owner's property.".
Page 2, line 29, delete "subdivision" and insert "subsection".
Page 2, line 32, delete "written".
Page 3, line 3, delete "that" and insert "who".
Page 3, between lines 22 and 23, begin a new paragraph and insert:
"Sec. 8. (a) For purposes of this section, a person is wrongfully
removed from property under this chapter if the affiant makes any
false statements on an affidavit described in section 3 of this
chapter.
(b) A person wrongfully removed from property under this
chapter may bring a civil cause of action against the affiant.
ES 157—LS 6579/DI 151 7
(c) It shall not be a defense to any action brought under this
section that at the time the person was removed from the property
the affiant did not know that the person had:
(1) a rental agreement authorizing the person's occupancy;
(2) permission of the owner to occupy the property; or
(3) any other property interest authorizing the individual to
occupy the property.
(d) If a person prevails in an action for wrongful removal under
this section, the court:
(1) may restore possession of the property to the prevailing
party;
(2) shall award actual damages, court costs, and attorney's
fees; and
(3) shall impose a fine of twenty-five thousand dollars
($25,000) against the affiant to be deposited in the state
general fund.
(e) The court shall advance the cause on the calendar.".
and when so amended that said bill do pass.
(Reference is to SB 157 as reprinted January 31, 2025.)
JETER
Committee Vote: yeas 9, nays 3.
ES 157—LS 6579/DI 151