Public camping ban, mobile phone prohibitions and other laws go into effect next week

Hoosiers sleeping on public property could soon be hit with a maximum punishment of 60 days in jail and a $500 fine.

It is one of more than 160 bills that got past the finish line during the legislative session, with dozens of them taking effect in July.

Senate Enrolled Act 285 makes it a Class C misdemeanor to use unauthorized public land for camping, sleeping or long-term shelter starting July 1.

Before violators are penalized, law enforcement officers must first determine if they can be held involuntarily. New language in SEA 285 allows an emergency detention for people without adequate shelter during dangerous weather and have refused transportation to an available shelter or mental health service provider.

Those who aren’t eligible for a hold will then receive a warning and information on available services. If they remain within 300 feet of the initial warning spot 48 hours later, they’d be subject to a misdemeanor charge. There are a few exemptions from prosecution in the law, including if there are no available shelter or mental health facility beds within five miles.

Supporters, including bill author Sen. Cyndi Carrasco, R-Indianapolis, argued the law will connect people experiencing homelessness with services.

“It is not our role to judge the life choices people have made or the circumstances they have found themselves in, but we also cannot simply ignore a growing issue that impacts public safety, quality of life and the wellbeing of individuals experiencing chronic homelessness in our communities,” Carrasco said in February.

Opponents have criticized making the act of sleeping on public property a misdemeanor and emphasized a need for more services.

“The answer is helping these homeless people by providing the things that they need, like food, shelter and a job, not jail time,” Sen. Lonnie Randolph, D-East Chicago, said in February

Emmy Hildebrand, CEO of Helping Veterans and Families of Indiana, previously expressed concern over the bill while it was in committee. In a statement to the Indiana Capital Chronicle, she said she was concerned homeless veterans could “face additional hardship as a result of this new law.”

“As our state wrestles with a shortage of affordable housing and a limited safety net for the most vulnerable, I am hopeful legislators will work towards more compassionate solutions next session,” Hildebrand said. “Housing and supportive services end homelessness, and I urge our state to invest in both.”

The bill narrowly passed the House and Senate and received Gov. Mike Braun’s signature this year after similar legislation failed the year before.

Other laws going into effect include requirements for cooperating with federal immigration enforcement and changes to public records fulfillment and more.

‘Bell-to-bell’ ban for cellphones in schools

Starting July 1, public and charter schools will have to prohibit students from using their personal cellphones, tablets, smartwatches, laptops and other devices during the school day.

These schools must forbid students from bringing these devices at all or create a storage policy for them to be powered off and inaccessible throughout the day.

Senate Enrolled Act 78 provides some exceptions for personal device usage, including the management of medical conditions and during emergencies. It also allows for the use of some approved, monitored personal devices for educational purposes only until July 1, 2028. After that schools must supply devices for them to be used for instruction

This is the latest and strictest state legislation seeking to control phone usage in schools after a 2024 law banned them during instructional time. SEA 78 received bipartisan support in the General Assembly and high praise from Braun.

“This is a practical step to restore focus on our schools and stop distractions and do what school is intended to do, teach and learn,” Braun said when he ceremonially signed the bill last month.

Federal immigration cooperation

Local law enforcement will have new obligations to comply with federal immigration detainer requests under provisions of Senate Enrolled Act 76 taking effect July 1.

U.S. Immigration and Customs Enforcement typically makes detainer requests toward people believed to be “a public safety or national security threat” and subject to deportation. The requests ask law enforcement agencies to hold the individuals 48 hours beyond their planned release so federal agents can take them into custody.

Until now it was voluntary for a local unit to hold the person. But under SEA 76, Indiana officials will have to honor the request.

The law also prohibits employers from knowingly employing unauthorized workers, allowing the attorney general to take action against those who do. It faced opposition from Democrats, a few Republicans and Hoosiers who testified and protested during its path through the Statehouse.

Proponents framed it around upholding the rule of law.

“We need to enforce laws,” Republican House Speaker Todd Huston said in February. “We also have to create equality between the businesses and the type of labor that is used to create a competitive environment.”

The legislation has already spurred legal objection. Monroe County Sheriff Ruben Marté challenged SEA 76 in federal court, arguing it’d be unconstitutional to hold people based purely on immigration detainer requests. A judge from the U.S. District Court for the Southern District of Indiana denied a preliminary injunction this month, citing lack of jurisdiction over the suit.

Attorney General Todd Rokita lauded the judge’s decision as a “victory for public safety, the rule of law, and the people of Indiana,” adding SEA 76’s “detainer mandate will help ensure that criminal illegal aliens will not be released back onto our streets just because a sheriff refuses to cooperate with federal authorities.”

Public records

In response to a purported increase in suspected phishing attempts through local public records requests, House Enrolled Act 1360 will allow public agencies to put up new guardrails.

The law permits, but does not require, a records request portal that uses CAPTCHA or other mechanisms to ensure a requestor is human, asks for physical address verification and flags requests suspected to be automated or part of a data scraping scheme.

Agencies can deny requests believed to be for phishing purposes or that would “jeopardize the security of the public agency’s electronic systems or data.”

They’re able to charge an extra fee for requests from out of state, as well as give priority to Indiana residents and “requests submitted for civic, journalistic, academic, or personal use.”

National Guard military police force

The Indiana National Guard’s adjutant general can establish a military police force under House Enrolled Act 1343. Members of the force, when authorized, will be able to make arrests, conduct searches and seizures, carry a firearm and conduct other police powers.

It’s up to the governor to authorize the force to operate either throughout the state or in a specific area, giving “reasonable notice to local law enforcement agencies.”

Those appointed to the force must have security clearance and hold no felony convictions, as well as complete air or army military police training and Indiana law enforcement instruction.

While supporters of the law framed it as a way to ensure preparedness in the case of emergencies, critics worried it could be abused.

The following laws also take effect July 1:

• HEA 1052 forbids “sweepstakes games,” defined as games, contests and promotions online that simulate lottery or casino-style gaming for award. The state lottery commission can pursue a $100,000 fine against operators who knowingly operate a sweepstakes game in Indiana or involving someone based in Indiana.
• SEA 140 makes posting someone’s information on social media with the intent to cause harm, property damage or other criminal acts against the person a misdemeanor. Commonly called doxing, it becomes a felony if the threat is against certain public officials, including members of the General Assembly. The legislation follows a wave of threats to lawmakers during last year’s failed redistricting effort.
• SEA 160 makes wearing a mask while committing a criminal offense a sentencing aggravator, meaning it may lead to a more severe sentence.

Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: [email protected].