The Senate Corrections and Criminal Law Committee heard SB 183 concerning foreclosure mischief authored by Sen. Bray. Sen. Bray explained this bill addresses the issue of homeowners in foreclosure intentionally damaging their homes when leaving by establishing a Class A misdemeanor when a person knowingly or intentionally damages, permanently removes an object from, or defaces residential real property that is the subject of a foreclosure action unless the damage, removal or defacement was the result of repair, renovation, replacement, or maintenance performed in good faith.
An amendment was proposed reducing the offense to a Class B misdemeanor unless the pecuniary loss is at least $750 but less than $50,000, and increase the offense to a Level 6 felony if the loss is at least $50,000, to track the criminal mischief penalties. The amendment was adopted by consent. Representatives from the Indiana Banker’s Association and the Indiana Credit Union League testified in support of the bill as amended. The bill passed as amended 8-0.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/183