Language making it illegal to sleep in public spaces reappears in Senate bill

An Indiana house bill that would have made it illegal to sleep on government property died in February. But advocates for people experiencing homelessness say they were caught off guard when lawmakers inserted similar language into a different bill this week.

Senate Bill 197 primarily addresses building safety and aims to streamline payment for overdue civil penalties and adds a Class C misdemeanor for depositing contaminants or solid waste.

Monday morning, Rep. Jennifer Meltzer (R-Shelbyville) suggested an amendment to SB 197 that would also impose a Class C misdemeanor on people who “use public property of the state or a political subdivision for purposes of sleeping or camping, subject to certain exceptions and conditions.” 

According to Indiana law, a Class C misdemeanor can result in a jail sentence of up to 60 days and a fine of up to $500. 

“A person cannot camp or sleep on a public way — being a right of way or in a park,” Meltzer said during the judiciary committee meeting. “If you are in the public right of way, you’ll have 24 hours to move. If you’re in the park you’ll have 72 hours to move.”

The language was added shortly before Monday morning’s House judiciary committee meeting, surprising advocates who said they were unable to provide a public comment. 

The amendment outlines some of the decisions an officer can make if someone sleeping or camping outside remains at the same location after the warning, which includes offering transportation to a homeless shelter or mental health clinic within five miles.

Meltzer said someone would face charges if a crisis hotline has been called and the person declined to move or receive transportation from police to a shelter or a mental health clinic. 

“But what if resources aren't available,” said Dawn Baldwin, a Lafayette resident who previously experienced homelessness for 10 years. “In Lafayette, all of our homeless resources are tied up. There's more homeless people than there are rooms available for shelter at night.”

More than 4,800 people were counted as experiencing homelessness in Indiana last year, according to the Indiana Housing and Community Development Authority, but advocates believe that number could be higher. 

The state has struggled to address the unhoused population for decades, which is why some lawmakers believe a harsher punishment could incentivize people to receive help.

Rep. Michelle Davis (R-Whiteland) introduced House Bill 1662 earlier this year so police officers could issue a Class C misdemeanor to anyone sleeping or camping on land owned by the state or a political subdivision 24 hours after receiving a warning.

“There's several different options that have to take place before Class C misdemeanor is cited to the homeless person,” Davis said during a committee hearing. “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.” 

But many advocates fear having criminal charges on their record could make it even harder for people to find housing. 

HB 1662 passed through second reading, but it was later withdrawn because legislators didn’t think Davis had enough support for the bill to pass.

Rep. Chris Campbell (D-West Lafayette), who has spoken against attempts to penalize people sleeping outside, plans to introduce an amendment during SB 197’s second reading to remove that language. But she’s concerned the bill would pass with the amendment in it. 

“It's still saying that you're arresting a person for being homeless — I think that is so controversial,” Campbell said. “But it may be seen as more acceptable because you're giving that decision to the arresting officer [to decide] how to address this person.”

The hearing for SB 197 hasn’t been scheduled yet, but is expected to occur on Wednesday. 

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