IndianaConstitutional amendment would allow courts to deny bail for safety risks
Lawmakers approved a constitutional amendment that, if it takes effect, would allow courts to deny bail based on safety risks and evidence tests.
What it does
If the amendment takes effect, a substantial safety risk could be grounds to deny bail for crimes other than murder or treason. Bail would be denied when evidence of guilt is strong and the state gives highly persuasive proof that release conditions cannot reasonably protect others.
Argument forIf the amendment takes effect, denying bail could protect others when highly persuasive evidence shows that release conditions cannot reasonably keep them safe.
Argument againstIf the amendment takes effect, denying bail based on safety risks could keep accused people jailed before a trial decides their guilt.
More detail
Courts could deny bail for a substantial safety risk and would deny it when both stated evidence tests are met. These provisions cover people accused of crimes other than murder or treason in Indiana. The evidence of guilt must be evident, or the presumption of guilt must be strong. The state must prove with clear and convincing evidence—highly persuasive proof—that no release conditions will reasonably protect another person or the community. These provisions would apply if the constitutional amendment takes effect.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Feb 23Signed by the President of the SenateLatest
- Feb 23Public Law 164Major
- Feb 18Signed by the SpeakerMajor
- Feb 17Returned to the Senate without amendmentsMinor
- Feb 17Signed by the President Pro TemporeMajor
- Feb 16Third reading: passed; Roll Call 244: yeas 75, nays 11Passed 2nd Chamber
- Vote recorded SJR 1 - Jeter - 3rd Reading. Result: pass.Lower
- Feb 12Second reading: ordered engrossedMinor
- Feb 9Committee report: do pass, adoptedMinor
- Jan 28First reading: referred to Committee on JudiciaryMinor
- Jan 23Referred to the HouseMinor
- Jan 22Third reading: passed; Roll Call 43: yeas 43, nays 2Passed 1st Chamber
- Vote recorded SJR 1 - Koch - 3rd Reading. Result: pass.Upper
- Jan 22Senator Bray added as second author
- Jan 22Senator Buck added as coauthor
- Jan 22Senator Freeman added as third author
- Jan 22House sponsor: Representative Jeter
- Jan 22Senator Young M added as coauthor
- Jan 15Second reading: ordered engrossedMinor
- Jan 13Committee report: do pass, adoptedMinor
- 2025
- Dec 9First reading: referred to Committee on Corrections and Criminal LawMinor
- Dec 9Authored by Senator KochIntroduced
Criminal JusticePublic Safety