The House Courts and Criminal Code Committee heard SB 183 on foreclosure mischief sponsored by Rep. Price. The bill provides that a person who knowingly or intentionally damages, permanently removes an object from, or defaces residential real property that is the subject of a foreclosure action commits a Class B misdemeanor. The offense is enhanced to a Class A misdemeanor if the property damage is between $750 and $50,000, and is enhanced to a Level 6 felony if the property damage is over $50,000.
An amendment was adopted by consent to specify that a person who knowingly or intentionally enters or refuses to leave the property of another person after having been prohibited from entering or asked to leave by law enforcement when the real property is (1) vacant, or (2) designated as abandoned property, commits criminal trespass. The amendment also expands the crime of foreclosure mischief to commercial property.
Representatives from the Indiana Mortgage Bankers Association, Indiana Bankers Association, and Indiana Credit Union League testified in support of the bill. The amended bill passed 8-0.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/183