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The lawmaker behind controversial legislation that would have allowed police to arrest people sleeping on public property has pulled the plug on the measure at a key juncture in the legislative process.
House Bill 1662, authored by Rep. Michelle Davis, R-Whiteland, would prohibit camping on public property, making it a misdemeanor offense. On Thursday, the final day for bills to receive a vote on the floor in their chamber of origin, Davis chose not to call down the bill.
That means HB 1662 is dead for the session. Still, the language could be placed in another piece of legislation.
Housing and homelessness advocates had mobilized in opposition to the bill, which is tied to a Texas-based think tank. They argued that it would criminalize homelessness and create additional barriers for those living unsheltered. Law enforcement joined the faith and nonprofit leaders in asking lawmakers to vote against the legislation on Monday, with a lobbyist from the Indiana Sheriffs’ Association testifying that it would put a burden on county jails and is contrary to recent steps by the Legislature to divert people from entering the criminal justice system.
The bill would have directed law enforcement to give a person sleeping on a street or a sidewalk in the first instance a warning. Police could then charge them with a Class C misdemeanor if they’re found at that location more than 24 hours later. That charge carries a maximum punishment of 60 days in jail.
The bill also would have allowed police officers to provide alternative aid instead of a citation or arrest.
Davis’ office did not immediately respond to a request for comment.
House Speaker Todd Huston, R-Fishers, told reporters that lawmakers had good discussions on the bill, but it ultimately didn’t have the support it needed.
“I’m pretty committed to working with the bill and the bill authors to find the right language,” Huston said. “I think there’s language we can get to… have bipartisan support. We just weren’t there yet.”
Hale Crumley, policy manager for Prosperity Indiana, an economic and community development organization, said their coalition was “grateful to the members of the House for listening to Hoosier experts instead of out-of-state thinktanks.”
“We believe this legislative language did not have a chance of passing the House of Representatives because it is extreme, illogical, and even counterproductive to solving homelessness,” Hale said.
Democrats opposed the bill in committee. House Minority Leader Phil GiaQuinta, D-Fort Wayne, told reporters the bill wasn’t well-written, and that he would instead support a long-term study of homelessness in Indiana before the Legislature takes action.
Just three people spoke in support of the bill while it was in committee, including a lobbyist from the Indiana Restaurant and Lobbying Association. Devon Kurtz, a lobbyist for a Texas-based think tank called the Cicero Institute—which provided the model language the bill was based on—also spoke in favor of the bill in committee.
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It’s too bad the Republican supermajority isn’t willing to make the large investments in mental health treatment (including in-patient facilities for getting people off drugs and people suffering from serious mental illness) that is required to really make a dent in the problem.
Even this bill was easily defeatable, just keep moving, don’t have much stuff and you’re not guilty of anything. It had nothing to do with homelessness, it was just a bill against homeless camps with clutter. That’s just fixing a symptom, not going after the problem. That will take money, so Republicans aren’t interested.