Indiana bill to punish people sleeping outside passes out of committee

A bill that would jail and fine people sleeping on state property passed out of committee Monday. The legislation is moving forward for a full House vote despite over a dozen community members testifying in opposition. 

Advocates have spent decades trying to address homelessness, but there isn’t a one size fits all solution. Over 6,000 people were counted as experiencing homelessness in Indiana in 2023, according to the Indiana Public Policy Institute. Now, lawmakers want to prohibit street camping.

“The intent for House Bill 1662 is to have a proactive approach for people who are visibly struggling on our sidewalks and public property,” bill author Rep. Michelle Davis (R-Whiteland) said, “rather than one that lets them remain in dangerous circumstances.”

The bill is backed by Cicero Action, the political action committee for the Cicero Institute, a Texas-based public policy organization that has supported the implementation of harsh penalties against people experiencing homelessness in other states.

Under HB 1662, police officers would be forced to give someone a warning if they are sleeping on land owned by the state or a political subdivision, unless it was authorized for that use under this code or another law. If someone is still there after 24 hours, they would receive a Class C misdemeanor, which includes up to 60 days in jail and a fine up to $500. 

Davis doesn’t believe the law will lead to an increase in arrests. 

She said this is a public safety and humanitarian crisis that needs an updated approach since “the local municipalities and police departments are not taking care of the homeless camping on the sidewalks and public parks.”

“There's several different options that have to take place before Class C misdemeanor is cited to the homeless person,” Davis said. “In order to maintain our cities, we must hold all citizens, including the homeless, accountable to the rule of law. That's how we live here in the United States of America.” 

Davis also said the bill would direct people to shelters and substance abuse treatment, but many disagree. Rep. Chris Campbell (D-West Lafayette) repeatedly spoke out against the bill because it criminalizes homelessness and prevents local governments from overriding the legislation. 

“We have ways that work,” Campbell said. “This takes away those decision making abilities. It’s taking away local control and it’s creating an arrest for people for not violating the law, but for being on public property.” 

Lawmakers voted on an amendment to strip the bill of language that would have prevented organizations from using state funding for long-term housing. It passed 9 to 4. 

They also considered an amendment to turn the bill into a task force that would study homelessness and ways to address it. The amendment failed 4 to 9. Now the bill moves for a vote by the full House.

Mike Biberstine, a lobbyist with the Indiana Sheriff’s Association, opposed the bill because he said jails don’t have the space to accommodate more people and supply them with mental health support. 

“When jail populations go up, fewer and fewer services are available in county jails because they run out of the space they use to utilize those services,” Biberstine said.

He said most county jails are already overburdened and he’s concerned HB 1662 could further exacerbate limited resources.

The bill has been highly controversial as community members work to get people off the street. Many advocates for people who are unsheltered fear that community organizations would end up paying the fines associated with a Class C misdemeanor, further taking away resources needed to address homelessness.  

“What I see every day with our youth and young adults is that their criminal histories, even misdemeanors, are just one more barrier that is preventing them from getting into housing,” said Kelsie Stringham Marquis with Outreach Indiana, the senior director of strategic initiatives. “And if they are at risk of incurring additional criminal history just because they're staying outside, that will only make the problem worse.”

A resident on the far north side of Indianapolis, was one of the few community members who testified in support of the bill on Monday. He said that residents can’t use the benches when people sleep on them and leave trash, including “human waste.” He said, right now, when the Indianapolis Metropolitan Police Department comes, they move for a day or two and then go back to sleeping on the bench.

Contact WFYI’s health reporter Elizabeth Gabriel at egabriel@wfyi.org