Introduced Version
SENATE BILL No. 489
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-26.5.
Synopsis: Address protection in recorded documents. Provides that a
county recorder may not disclose recorded documents containing
identifying information of an address confidentiality program
participant, unless: (1) the participant provides written consent; and (2)
the participant's name is redacted. Provides that a person seeking
disclosure of a shielded document who: (1) is denied disclosure by the
county recorder; or (2) requires an unredacted copy for the person's
intended use in the normal course of business; must contact the
attorney general to contact the program participant about consenting to
disclosure. Provides that if the program participant does not take action
within five days after being contacted by the attorney general, the
request for disclosure is automatically denied.
Effective: July 1, 2025.
Brown L
January 14, 2025, read first time and referred to Committee on Judiciary.
2025 IN 489—LS 6983/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 489
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-26.5-1-7.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. "Requestor" means a person
4 who requests disclosure of a shielded document under IC 5-26.5-6.
5 SECTION 2. IC 5-26.5-1-8.5 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 8.5. "Shielded document" means
8 a recorded document that:
9 (1) contains a program participant's identifying information;
10 and
11 (2) is protected from disclosure;
12 under a written notice provided under IC 5-26.5-6-1.
13 SECTION 3. IC 5-26.5-5-1, AS AMENDED BY P.L.149-2020,
14 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 1. (a) The program participant, and not the office
16 of the attorney general, is responsible for providing written notice to a
17 person:
2025 IN 489—LS 6983/DI 87 2
1 (1) under section 2.5 of this chapter to use the designated address
2 as the program participant's address; or
3 (2) under section 2.6 of this chapter to withhold from disclosure
4 the program participant's identifying information; or
5 (3) under IC 5-26.5-6-1 to withhold from disclosure a
6 recorded document containing the program participant's
7 identifying information.
8 (b) The office of the attorney general shall prescribe a form for the
9 program participant to provide written notice under this article.
10 SECTION 4. IC 5-26.5-6 IS ADDED TO THE INDIANA CODE
11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]:
13 Chapter 6. Recorded Documents of Program Participant
14 Sec. 1. If a program participant provides written notice to a
15 county recorder on the form prescribed under IC 5-26.5-5-1(3),
16 any recorded document that contains identifying information of
17 the program participant may not be disclosed except as provided
18 in this chapter.
19 Sec. 2. A program participant may provide written consent for
20 the recorder to disclose a shielded document after redacting the
21 program participant's name. The written consent must:
22 (1) identify the party to whom the county recorder may
23 disclose the shielded document;
24 (2) specify the purpose for which the shielded document may
25 be disclosed; and
26 (3) state whether the consent applies to any shielded document
27 of the program participant or only certain documents or
28 classes of documents of the program participant.
29 Sec. 3. If a county recorder believes a requestor satisfies the
30 conditions in a written consent for disclosure under section 2 of this
31 chapter, the recorder:
32 (1) may disclose the shielded document only after redacting
33 the program participant's name; and
34 (2) shall:
35 (A) notify the attorney general that the shielded document
36 was disclosed with the program participant's name
37 redacted; and
38 (B) provide the attorney general with a copy of the form
39 under section 9 of this chapter that was completed by the
40 requestor.
41 Sec. 4. Upon receiving a notification of disclosure under section
42 3 of this chapter, the attorney general shall notify the program
2025 IN 489—LS 6983/DI 87 3
1 participant that a shielded document was:
2 (1) requested; and
3 (2) disclosed, after the county recorder redacted the program
4 participant's name.
5 Sec. 5. If a county recorder believes the requestor does not meet
6 the conditions specified in a written consent under section 2 of this
7 chapter, the county recorder shall do the following:
8 (1) Deny disclosure of the document, stating that the basis for
9 the denial is the address confidentiality program.
10 (2) Notify the attorney general of the denial.
11 (3) Provide the attorney general with a copy of the form under
12 section 9 of this chapter that was completed by the requestor.
13 Sec. 6. If a requestor seeks to obtain a shielded document:
14 (1) after being denied disclosure by a county recorder; or
15 (2) without redaction, because the requestor's intended:
16 (A) purpose for; or
17 (B) use of;
18 the document in the requestor's normal course of business
19 requires an unredacted copy;
20 the requester must contact the attorney general.
21 Sec. 7. If the attorney general is contacted under section 6 of this
22 chapter, the attorney general shall contact the program participant
23 to ascertain whether the program participant consents to
24 disclosure of the shielded document to the requestor. If the
25 program participant:
26 (1) consents to disclosure:
27 (A) the attorney general shall provide the program
28 participant's written consent to the county recorder; and
29 (B) the county recorder shall disclose the shielded
30 document to the requestor; or
31 (2) does not consent to the disclosure by:
32 (A) expressly denying consent; or
33 (B) not consenting within five (5) calendar days;
34 the requestor may obtain the shielded document only by obtaining
35 a court order.
36 Sec. 8. The attorney general shall notify all program
37 participants that:
38 (1) the attorney general may contact a program participant
39 regarding consent to disclosure of a shielded document in the
40 circumstances set forth in section 7 of this chapter; and
41 (2) the request for disclosure is automatically denied if the
42 program participant does not provide written consent within
2025 IN 489—LS 6983/DI 87 4
1 five (5) calendar days after the date of the contact under
2 subdivision (1).
3 Sec. 9. The attorney general shall develop a form for requesting
4 disclosure of a shielded document from a county recorder. The
5 form may require the requestor to provide the following:
6 (1) Name, address, and employer.
7 (2) The specific document or classes of documents requested.
8 (3) The requestor's intended purpose for or use of the shielded
9 document.
10 (4) Any other information the attorney general considers
11 necessary.
12 The requestor may be required to present to a county recorder or
13 the attorney general a driver's license, a state issued identification
14 card, or other government issued identification bearing a
15 photograph upon request for disclosure of a shielded document.
2025 IN 489—LS 6983/DI 87