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Legislative Update

Bail procedures

March 13, 2026 Filed Under: Criminal

S.E.A. 2, P.L. 64-2026

Effective: January 1, 2027

  • 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.
  • Establishes procedures for a bail hearing.
  • Removes duplicative provisions concerning repeat violent arrestees.
  • 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.

Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/2/

Filed Under: Criminal Tagged With: bail

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