All Roll Calls
Yes: 152 • No: 29
IndianaSB 2Second Regular Session 124th General Assembly (2026)Senate
Bail procedures.
Sponsored By: Aaron Freeman (Republican)
Became Law
corrections and criminal lawthe housecourts and criminal code
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 1 costs, 4 mixed.
New public defender fees and funding
Beginning January 1, 2027, if the court finds you can pay part of lawyer costs, you must pay $200 in a felony case or $100 in a misdemeanor. If you paid cash bail and signed the listed agreement, the court may keep cash to pay public defender costs, fines, fees, or restitution without another indigency hearing. When the assigned counsel fee is ordered, the clerk sends the first $100 (felony) or $50 (misdemeanor) to the county public defender fund and transfers the remaining $100 or $50 to the state public defense fund.
Bail payment options, fees, and refunds
Beginning January 1, 2027, judges can require a surety bond, cash or securities, a real estate bond, or a mix. For a real estate bond, one‑third of the property's true tax value, after debts, must at least equal the bail. You may post at least 10% in cash; the clerk may keep an admin fee up to 10% of your deposit or $50, whichever is less. Courts may require you and anyone who deposits cash to sign an agreement that lets the court keep deposit money to pay defender costs, fines, fees, or restitution; a $5 fee applies to each bond or deposit. The sheriff may collect bail with the clerk’s approval and must send it to the clerk by the next business day; the $5 fee is sent monthly to the county auditor. Property posted as a real estate bond cannot be foreclosed to pay fines or fees; it only secures appearance. Within 30 days after the case ends, the clerk must return any remaining deposit; money kept goes to the public defender services fund.
New bail-denial hearings and appeals
Beginning January 1, 2027, the state may ask at or before the first hearing to deny bail for non‑murder charges and may later seek detention with new information. Courts must hold the hearing within 48 hours of filing, not counting weekends or state holidays; the arrestee can request up to a 5‑day delay, and the state up to 3 days. You have the right to a lawyer, and the court appoints one if you are indigent. Judges must weigh the crime, the evidence, your history and supervision status, danger to others, and less‑restrictive options. If bail is denied, the court must issue written reasons, and bail‑hearing findings cannot be used as trial evidence (except for impeachment or perjury). Bail orders can be appealed right away, and courts may reconsider if new material facts arise. For non‑murder offenses, bail can be denied only if the state proves strong proof of the charge and, by clear and convincing evidence, a substantial danger that no conditions can address.
Risk-based release and violent-case limits
Beginning January 1, 2027, courts must consider the state’s pretrial risk assessment, if available, before setting or changing bail; they do not have to run it if it would delay release. If you are not a substantial flight or safety risk, courts must consider releasing you without money bail, with conditions. This does not apply if you are charged with murder or treason; are on release for the same incident; are on probation, parole, or other supervision; are a violent arrestee; are a sexually violent predator defendant; were denied bail under the law’s denial section; or are a foreign national unlawfully present. Violent or repeat violent arrestees can be released only after an open‑court hearing with individualized money bail by surety or cash deposit. Charitable bail groups cannot pay money bail for violent or repeat violent arrestees. If bail is not denied, the court must set terms for pretrial release.
Faster indigency checks and counsel
Beginning January 1, 2027, courts decide if you are indigent before the first hearing ends if you ask for a lawyer. Judges must look at your assets, income, and necessary expenses, and they may treat SNAP, TANF, or other need‑based aid as proof. Courts may make an initial indigency finding while your documents are still pending. In counties that get state reimbursement, you must fill out a standard indigency form, and the court may ask for more proof. Courts can review and change an indigency decision if your income or assets materially change or you did not provide enough paperwork. If your case moves to a new court and you are indigent, the new court assigns counsel right away. If you can pay some fines or costs, the court can set payments you can reasonably afford.
Sponsors & Cosponsors
Sponsor
Aaron Freeman
Republican • Senate
Cosponsors
Chris Jeter
Republican • House
Cyndi Carrasco
Republican • Senate
Eric Koch
Republican • Senate
Roll Call Votes
Senate vote • 2/25/2026
Roll Call 267 on SB0002.05.COMH.CON01
Yes: 38 • No: 8 • Other: 3
House vote • 2/17/2026
Roll Call 257 on SB0002.05.COMH
Yes: 75 • No: 13 • Other: 8
Senate vote • 1/20/2026
Roll Call 33 on SB0002.03.ENGS
Yes: 39 • No: 8 • Other: 1
Actions Timeline
Public Law 64
3/4/2026SenateSigned by the Governor
3/4/2026SenateSigned by the President of the Senate
2/27/2026SenateSigned by the President Pro Tempore
2/26/2026SenateSigned by the Speaker
2/26/2026HouseSenate concurred with House amendments; Roll Call 267: yeas 38, nays 8
2/25/2026SenateMotion to concur filed
2/23/2026SenateReturned to the Senate with amendments
2/18/2026HouseThird reading: passed; Roll Call 257: yeas 75, nays 13
2/17/2026HouseSecond reading: ordered engrossed
2/16/2026HouseCommittee report: amend do pass, adopted
2/12/2026HouseFirst reading: referred to Committee on Courts and Criminal Code
1/28/2026HouseReferred to the House
1/23/2026SenateSenator Carrasco added as third author
1/22/2026SenateSenator Koch added as second author
1/22/2026SenateThird reading: passed; Roll Call 33: yeas 39, nays 8
1/20/2026SenateRules Committee report: motion to correct committee report; adopted voice vote
1/20/2026SenateMotion to Correct Committee Report; adopted voice vote
1/20/2026SenateMotion to Correct Committee Report; adopted voice vote
1/20/2026SenateHouse sponsor: Representative Jeter
1/20/2026SenateAmendment #2 (Freeman) prevailed; voice vote
1/15/2026SenateAmendment #1 (Pol) failed; voice vote
1/15/2026SenateSecond reading: amended, ordered engrossed
1/15/2026SenateCommittee report: amend do pass, adopted
1/13/2026SenateAuthored by Senator Freeman
1/8/2026Senate
Bill Text
Engrossed Senate Bill (H)
Engrossed Senate Bill (S)
Enrolled Senate Bill (S)
Introduced Senate Bill (S)
Senate Bill (S)