The House Courts and Criminal Code Committee heard SB 2 on bail procedures sponsored by Rep. Jeter and authored by Sen. Freeman. The bill provides that offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community. The bill also establishes procedures for a bail hearing, removes duplicative provisions concerning repeat violent arrestees, and permits a court to retain cash bail for the payment of certain costs without an indigency hearing if the defendant has executed an agreement permitting the court to retain the cash bail for these purposes.
The Committee amended the bill to remove provisions requiring a hearing before entering into a bail agreement, specifying how bail for violent arrestees must be set, and removes holidays and weekends from the computation of the 48-hour bail hearing requirement.
The Indiana Prosecuting Attorneys Council and the American Bail Coalition testified in support the bill. The Indiana Public Defender Council testified in opposition. The amended bill passed 12-1.
Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/2