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Senate adopts amendment to speed emergency eviction hearings when tenants commit crimes; amendment passes 33-11

2827207 · March 31, 2025
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Summary

The Indiana Senate approved an amendment to House Bill 11-15 that narrows what landlords must prove to obtain an expedited eviction hearing when a tenant or a guest has committed a crime affecting the health or safety of others. The amendment passed 33–11 on a recorded division; the bill was ordered to engrossment.

INDIANAPOLIS — On March 27, 2025, the Indiana Senate adopted an amendment to House Bill 11-15 that makes it easier for landlords to seek an expedited civil hearing to remove tenants when the tenant or the tenant’s guest has committed a crime that affects the health or safety of another tenant, the landlord, or the landlord’s agent.

The amendment, presented by Senator Thomas Gaskell, removes the word “directly” from the bill’s qualifying language and clarifies how beneficiaries of a financial account or other parties may prove an event (as part of other technical changes offered in separate amendments). “This just provides for an expedited eviction hearing if the tenant or the tenant’s guest has committed a crime,” Gaskell told colleagues while presenting amendment number 2.

Supporters of the amendment said it will allow landlords to secure an emergency possessory order more quickly when criminal activity endangers other tenants. “If other tenants are in danger because of the activity of one of their neighbors, then I think they need to get them out in an expedited manner,” Gaskell said.

Opponents warned the change broadens the circumstances under which a civil eviction judge could order removal. Senator Michael Taylor said the change could allow a landlord to pursue eviction based on crimes committed off the premises, noting that eviction is “one of the most drastic measures” affecting households with children and other dependents. “The idea that anything that could be indirectly affecting the health and safety of a tenant or landlord…is just a bridge too far,” Taylor said.

Senator Paul voiced similar caution, saying the amendment could allow landlords to bring civil actions based on arrests or past crimes that do not bear on on-site health or safety. Senator Freeman, who supported removal of “directly,” said the amendment would spare tenants from having to produce individual witnesses in every case and cited the risks associated with drug dealing and related gun violence when arguing for expedited action by landlords.

The Senate called a division vote on adoption of the amendment. The motion to adopt amendment number 2 prevailed 33–11. The chair recorded the vote and then ordered House Bill 11-15 to engrossment.

The discussion included repeated questions about evidentiary standards: several senators asked whether an arrest alone would suffice or whether a criminal conviction would be required for an emergency possessory order; presenters and others said the civil eviction process is separate from the criminal process and that the judge in a civil emergency hearing would determine whether the evidence before the court established that the tenant had committed a crime that threatened health or safety.

The bill, as amended, was not taken up for final passage on the floor March 27; the Senate ordered it to engrossment, a procedural step preparing the measure for future consideration.

Votes and next steps

The amendment (Amendment No. 2 to HB 11-15) was adopted by division vote, 33 yes, 11 no. The bill was ordered to engrossment for further processing.