Indiana 2025 Regular Session

Indiana Senate Bill SB0354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 354
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-31.5-2; IC 35-33-5-16.
7	7	Synopsis: Search and seizure. Prohibits a governmental agent from
8	8	entering real property that is owned or occupied by a landowner
9	9	without a warrant. Provides certain exceptions. Requires a
10	10	governmental agent, upon entering real property, to: (1) take reasonable
11	11	action to notify the landowner that the governmental agent has entered;
12	12	(2) show the landowner a copy of the warrant, if applicable; and (3)
13	13	activate any law enforcement recording device that is issued to the
14	14	governmental agent. Provides that evidence obtained by entry on real
15	15	property without a warrant or without a valid exception is inadmissible.
16	16	Provides that a person may not be arrested if the probable cause for the
17	17	arrest results solely from entry on real property without a warrant or
18	18	valid exception. Establishes a civil cause of action if a governmental
19	19	agent enters real property without a warrant or valid exception.
20	20	Effective: July 1, 2025.
21	21	Gaskill
22	22	January 13, 2025, read first time and referred to Committee on Judiciary.
23	23	2025 IN 354—LS 6904/DI 149 Introduced
24	24	First Regular Session of the 124th General Assembly (2025)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2024 Regular Session of the General Assembly.
34	34	SENATE BILL No. 354
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	criminal law and procedure.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 35-31.5-2-143.9 IS ADDED TO THE INDIANA
39	39	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
40	40	3 [EFFECTIVE JULY 1, 2025]: Sec. 143.9. "Governmental agent", for
41	41	4 purposes of IC 35-33-5-16, has the meaning set forth in
42	42	5 IC 35-33-5-16.
43	43	6 SECTION 2. IC 35-31.5-2-181.5 IS ADDED TO THE INDIANA
44	44	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
45	45	8 [EFFECTIVE JULY 1, 2025]: Sec. 181.5. "Landowner", for
46	46	9 purposes of IC 35-33-5-16, has the meaning set forth in
47	47	10 IC 35-33-5-16.
48	48	11 SECTION 3. IC 35-31.5-2-267.5 IS ADDED TO THE INDIANA
49	49	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
50	50	13 [EFFECTIVE JULY 1, 2025]: Sec. 267.5. "Real property", for
51	51	14 purposes of IC 35-33-5-16, has the meaning set forth in
52	52	15 IC 35-33-5-16.
53	53	16 SECTION 4. IC 35-33-5-16 IS ADDED TO THE INDIANA CODE
54	54	17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
55	55	2025 IN 354—LS 6904/DI 149 2
56	56	1 1, 2025]: Sec. 16. (a) As used in this section, "governmental agent"
57	57	2 means any person authorized to act on behalf of:
58	58	3 (1) the United States or any state, county, township, city,
59	59	4 town, or separate municipal corporation; or
60	60	5 (2) any authority, board, bureau, commission, committee,
61	61	6 department, or division of an entity described in subdivision
62	62	7 (1).
63	63	8 (b) As used in this section, "landowner" means a person that
64	64	9 owns or has a contractual interest in real property. The term
65	65	10 includes an agent of the person.
66	66	11 (c) As used in this section, "real property" means the entirety of
67	67	12 the tract of land owned by a landowner or in which a landowner
68	68	13 has a contractual interest, including land that is located outside of
69	69	14 the curtilage of any structure located on the real property.
70	70	15 (d) Except as provided in subsection (e), a governmental agent
71	71	16 may not enter real property of a landowner without a warrant.
72	72	17 (e) A governmental agent may enter real property of a
73	73	18 landowner without a warrant in the following circumstances:
74	74	19 (1) The landowner permits entry to the real property.
75	75	20 (2) To respond to:
76	76	21 (A) a life threatening emergency; or
77	77	22 (B) an immediate threat to public safety including the
78	78	23 commission of a crime in which an individual is at risk of
79	79	24 bodily harm;
80	80	25 that is reported to or observed by the governmental agent.
81	81	26 (3) To prevent the:
82	82	27 (A) imminent unlawful killing of wildlife; or
83	83	28 (B) destruction of evidence of unlawful killing of wildlife;
84	84	29 that the governmental agent has probable cause to believe will
85	85	30 occur.
86	86	31 (4) To euthanize crippled or distressed wildlife that the
87	87	32 governmental agent has observed on the real property. Upon
88	88	33 request of the landowner, the governmental agent shall
89	89	34 provide to the landowner photographic or video evidence of
90	90	35 the wildlife.
91	91	36 (f) If a governmental agent enters real property of a landowner,
92	92	37 the governmental agent shall:
93	93	38 (1) take reasonable efforts to notify the landowner that the
94	94	39 governmental agent has entered the real property;
95	95	40 (2) except as provided in subsection (e), show the landowner
96	96	41 a copy of the warrant permitting entry to the real property;
97	97	42 and
98	98	2025 IN 354—LS 6904/DI 149 3
99	99	1 (3) activate any law enforcement recording device worn by
100	100	2 the governmental agent, if the governmental agent is equipped
101	101	3 with a law enforcement recording device, to record the entire
102	102	4 period of time the governmental agent is on the real property.
103	103	5 (g) Evidence obtained from entry on real property in violation
104	104	6 of this section is inadmissible in a judicial or administrative
105	105	7 proceeding.
106	106	8 (h) A person may not be arrested if the probable cause for the
107	107	9 arrest results solely from entry on real property in violation of this
108	108	10 section.
109	109	11 (i) Notwithstanding the immunities provided in IC 34-13-3-3
110	110	12 (tort claims against governmental entities and public employees),
111	111	13 a landowner who is subject to a violation of this section may bring
112	112	14 a civil action. A landowner who prevails in an action brought
113	113	15 under this subsection is entitled to:
114	114	16 (1) compensatory damages;
115	115	17 (2) declaratory and injunctive relief;
116	116	18 (3) reasonable attorney's fees; and
117	117	19 (4) court costs.
118	118	2025 IN 354—LS 6904/DI 149