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Legislative Update

Constitutional amendment concerning bail

January 16, 2026 Filed Under: Criminal

On January 6, 2026, the Senate Corrections and Criminal Law Committee heard SJ 1 on the constitutional amendment concerning bail authored by Sen. Koch. The resolution provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. This language has been approved by a previous session of the General Assembly.

The Indiana Public Defender Council, a bail agent, and Strength Over Struggle, Inc.  testified in opposition to the resolution. The Fraternal Order of Police and Indiana Prosecuting Attorneys Council testified in support of the resolution. The Secretary of Public Safety testified both in support and in opposition to the resolution. The Indiana Judges Association and the American Bail Commission provided neutral testimony on the resolution.

On January 13, 2026, the Committee heard the resolution for amend and vote. The resolution passed without further discussion 7-0.

Read the resolution at: https://iga.in.gov/legislative/2026/resolutions/senate/joint/1

Filed Under: Criminal Tagged With: bail, constitutional amendment

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