Introduced Version
SENATE BILL No. 354
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2; IC 35-33-5-16.
Synopsis: Search and seizure. Prohibits a governmental agent from
entering real property that is owned or occupied by a landowner
without a warrant. Provides certain exceptions. Requires a
governmental agent, upon entering real property, to: (1) take reasonable
action to notify the landowner that the governmental agent has entered;
(2) show the landowner a copy of the warrant, if applicable; and (3)
activate any law enforcement recording device that is issued to the
governmental agent. Provides that evidence obtained by entry on real
property without a warrant or without a valid exception is inadmissible.
Provides that a person may not be arrested if the probable cause for the
arrest results solely from entry on real property without a warrant or
valid exception. Establishes a civil cause of action if a governmental
agent enters real property without a warrant or valid exception.
Effective: July 1, 2025.
Gaskill
January 13, 2025, read first time and referred to Committee on Judiciary.
2025 IN 354—LS 6904/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. 354
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 35-31.5-2-143.9 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 143.9. "Governmental agent", for
4 purposes of IC 35-33-5-16, has the meaning set forth in
5 IC 35-33-5-16.
6 SECTION 2. IC 35-31.5-2-181.5 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 181.5. "Landowner", for
9 purposes of IC 35-33-5-16, has the meaning set forth in
10 IC 35-33-5-16.
11 SECTION 3. IC 35-31.5-2-267.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 267.5. "Real property", for
14 purposes of IC 35-33-5-16, has the meaning set forth in
15 IC 35-33-5-16.
16 SECTION 4. IC 35-33-5-16 IS ADDED TO THE INDIANA CODE
17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2025 IN 354—LS 6904/DI 149 2
1 1, 2025]: Sec. 16. (a) As used in this section, "governmental agent"
2 means any person authorized to act on behalf of:
3 (1) the United States or any state, county, township, city,
4 town, or separate municipal corporation; or
5 (2) any authority, board, bureau, commission, committee,
6 department, or division of an entity described in subdivision
7 (1).
8 (b) As used in this section, "landowner" means a person that
9 owns or has a contractual interest in real property. The term
10 includes an agent of the person.
11 (c) As used in this section, "real property" means the entirety of
12 the tract of land owned by a landowner or in which a landowner
13 has a contractual interest, including land that is located outside of
14 the curtilage of any structure located on the real property.
15 (d) Except as provided in subsection (e), a governmental agent
16 may not enter real property of a landowner without a warrant.
17 (e) A governmental agent may enter real property of a
18 landowner without a warrant in the following circumstances:
19 (1) The landowner permits entry to the real property.
20 (2) To respond to:
21 (A) a life threatening emergency; or
22 (B) an immediate threat to public safety including the
23 commission of a crime in which an individual is at risk of
24 bodily harm;
25 that is reported to or observed by the governmental agent.
26 (3) To prevent the:
27 (A) imminent unlawful killing of wildlife; or
28 (B) destruction of evidence of unlawful killing of wildlife;
29 that the governmental agent has probable cause to believe will
30 occur.
31 (4) To euthanize crippled or distressed wildlife that the
32 governmental agent has observed on the real property. Upon
33 request of the landowner, the governmental agent shall
34 provide to the landowner photographic or video evidence of
35 the wildlife.
36 (f) If a governmental agent enters real property of a landowner,
37 the governmental agent shall:
38 (1) take reasonable efforts to notify the landowner that the
39 governmental agent has entered the real property;
40 (2) except as provided in subsection (e), show the landowner
41 a copy of the warrant permitting entry to the real property;
42 and
2025 IN 354—LS 6904/DI 149 3
1 (3) activate any law enforcement recording device worn by
2 the governmental agent, if the governmental agent is equipped
3 with a law enforcement recording device, to record the entire
4 period of time the governmental agent is on the real property.
5 (g) Evidence obtained from entry on real property in violation
6 of this section is inadmissible in a judicial or administrative
7 proceeding.
8 (h) A person may not be arrested if the probable cause for the
9 arrest results solely from entry on real property in violation of this
10 section.
11 (i) Notwithstanding the immunities provided in IC 34-13-3-3
12 (tort claims against governmental entities and public employees),
13 a landowner who is subject to a violation of this section may bring
14 a civil action. A landowner who prevails in an action brought
15 under this subsection is entitled to:
16 (1) compensatory damages;
17 (2) declaratory and injunctive relief;
18 (3) reasonable attorney's fees; and
19 (4) court costs.
2025 IN 354—LS 6904/DI 149