Panel approves bill allowing affidavit process for removing 'squatters' from private property

The House Judiciary Committee advanced Senate Bill 157, a measure that creates a statutory process for a property owner to seek expedited removal of an occupant the bill defines as a "squatter." The committee voted to pass the bill after adopting minor technical amendments.

Under the bill, a "squatter" is someone occupying another person's property without a rental agreement, permission or other property interest and who never had such authorization. A property owner may execute an affidavit under penalty of perjury attesting to those facts; once the affidavit is delivered to law enforcement, officers would have a 48‑hour window to respond and remove the occupant unless a public‑safety concern or credible evidence shows the person is not a squatter.

Senator Gaskell, sponsor of the bill, described the measure as a narrowly focused tool distinct from trespass statutes and landlord‑tenant eviction processes. "It's a very tight definition of what a squatter is," Gaskell said, adding the proposal does not alter trespassing law or eviction procedures.

Committee members offered and the committee accepted technical amendments to make the evidentiary standard consistent and to permit on‑site affirmation in some circumstances; an amendment adding a civil penalty for knowingly false affidavits was added to address potential abuse by property owners. Chairman Jeter and Representative Bauer discussed the need to avoid blurring the statutory lines between trespassers, holdover tenants and the new squatter category.

Law‑enforcement representatives told the committee their interest was primarily operational: deputies need clear authority and discretion in field assessments and do not want to incur an undue property‑storage or manpower burden. Mike Bieberstein, representing the Indiana Sheriffs Association, said sheriffs were neutral on the bill but urged lawmakers to consider the potential workload and what happens to property removed from premises.

The Indiana Apartment Association supported the bill, saying it provides a practical tool to address an increasing problem cited by landlords. After committee debate and the adoption of amendments intended to limit abuse and retain officer discretion, the committee voted to advance the bill.

Votes at a glance Senate Bill 157 — Outcome: approved by committee (9–3). See actions[] for roll call.