INDIANA– In a contentious 52-40 vote, the Indiana House of Representatives has passed a Senate bill granting law enforcement the authority to arrest homeless individuals sleeping or camping on public property if they refuse referrals to emergency shelter resources and services.
Senate Bill 197 (SB-197) now returns to the Indiana Senate for further debate following the House’s approval. The bill’s original intent was to safeguard the rights of property owners facing housing code violations, regulate illegal dumping, and eliminate the requirement for landlords to provide renters with utility usage data.
However, a House committee added a significant amendment that introduces penalties for homeless individuals in specific circumstances.
Republican Representative Andrew Ireland of Indianapolis defended the amendment on the House floor, stating that some homeless individuals “need to get in a squad car first” before being persuaded to accept available homeless referral services and emergency housing options.
Ireland asserted that his amendment is intended to assist those without shelter, not to incarcerate them. He emphasized that the amendment includes provisions for referrals to mental health services and problem-solving courts.
Conversely, Democratic Representative Carey Hamilton of Indianapolis strongly opposed the amendment. He argued that the bill essentially tells homeless individuals, “The only way we can help you is to lock you up.”
Echoing this sentiment, Democratic Representative Greg Porter, also from Indianapolis, pointed out the significant financial implications, noting that the daily cost of a jail cell is twice as expensive as providing a bed in a shelter.
If enacted, SB-197 would impose a Class C misdemeanor charge on individuals arrested and charged under this provision, carrying a potential penalty of up to 60 days in jail or a $500 fine.
If ultimately approved by the Senate and signed into law, the bill would not go into effect until July 1, 2026. The debate surrounding this legislation highlights the ongoing challenges and differing perspectives on addressing homelessness within the state. The bill’s return to the Senate sets the stage for further discussion and potential revisions before reaching a final decision.
