Introduced Version
SENATE BILL No. 161
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-1-34.2.
Synopsis: Enforcement of prohibitions on public camping. 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 the attorney general to bring a civil action to
enjoin a political subdivision that adopts or enforces such a policy.
Effective: July 1, 2025.
Freeman
January 8, 2025, read first time and referred to Committee on Local Government.
2025 IN 161—LS 6731/DI 149 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. 161
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 36-1-34.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 34.2. Prohibition of Public Camping
5 Sec. 1. (a) A political subdivision shall not adopt or enforce any
6 policy under which the political subdivision prohibits or
7 discourages the enforcement of any order or ordinance prohibiting
8 public camping, sleeping, or other obstruction of a sidewalk.
9 (b) In compliance with subsection (a), a political subdivision
10 shall not prohibit or discourage a law enforcement officer or
11 prosecuting attorney who is employed by or otherwise under the
12 direction or control of the political subdivision from enforcing any
13 order or ordinance prohibiting public camping, sleeping, or other
14 obstruction of a sidewalk.
15 (c) The attorney general may bring a civil action in any court
16 with jurisdiction against any political subdivision to enjoin the
17 political subdivision from violating this section.
2025 IN 161—LS 6731/DI 149 2
1 (d) The attorney general may recover reasonable expenses
2 incurred in any civil action brought under this section, including
3 court costs, reasonable attorney's fees, investigative costs, witness
4 fees, and deposition costs.
5 Sec. 2. This chapter does not prohibit a policy of any political
6 subdivision that encourages diversion programs or offering of
7 services in lieu of a citation or arrest.
2025 IN 161—LS 6731/DI 149