# Indiana SB 2: Bail procedures.

Indiana SB 2, Bail procedures., is a Second Regular Session 124th General Assembly (2026) Senate bill sponsored by Aaron Freeman (Republican); status signed, last action 2026-03-04 (Public Law 64); PRIA reads it as touching household money (as of 2026-11-01).

- Canonical: https://policyrisk.com/state-bill/IN-SB2-2026
- As of: 2026-11-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Indiana SB 2
- State: Indiana
- Session: Second Regular Session 124th General Assembly (2026)
- Title: Bail procedures.
- Status: signed
- Chamber: Senate
- Introduced: 2026-01-08
- Last action: 2026-03-04, Public Law 64
- Sponsor: Aaron Freeman (Republican)
- Cosponsors: 3
- Subjects: corrections and criminal law, the house, courts and criminal code
- Touches household money: yes
- Roll calls: 3 (152 yes, 29 no in all)
- Economic provisions PRIA read: 5

## Summary

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.

## Bill overview: provisions PRIA read

- More bail payment choices for violent arrestees: benefit, low. Beginning January 1, 2027, violent arrestees can cover the full bail amount with a surety bond, cash, or both. This applies to arrests or charges for listed crimes of violence classified as Level 1 through Level 5 felonies. The court must set bail individually after an open-court hearing. The law c…
- Proof and lawyer rights before bail denial: benefit, low. Beginning January 1, 2027, courts can deny bail for non-murder charges only after a hearing. The state must prove, more likely than not, that proof of the charged offense is evident or the presumption strong. Clear and convincing evidence must also show a substantial safety risk that no release con…
- Less bail-free release consideration for some: cost, medium. Beginning January 1, 2027, courts need not consider release without money bail for four additional groups under the low-risk rule. These are violent arrestees, sexually violent predator defendants, people denied bail under this law, and qualifying unlawfully present foreign nationals. This applies…
- Courts can keep defendants’ cash bail: cost, low. Beginning January 1, 2027, courts may require defendants or bail depositors to sign an agreement allowing cash retention. The agreement must be explained before signing and covers cash bail, including cash posted with other security. Courts may keep some or all cash without an indigency hearing for…
- Bail depositors get a return deadline: mixed, low. Beginning January 1, 2027, courts must order remaining qualifying bail deposits returned to the depositor within 30 days after charges end. The deadline follows dismissal, acquittal, or conviction. Any portion not returned goes to the county Supplemental Public Defender Services Fund.

## Sponsors and cosponsors

- Sponsor: Aaron Freeman (Republican), Senate
- Cosponsor: Chris Jeter (Republican), House
- Cosponsor: Cyndi Carrasco (Republican), Senate
- Cosponsor: Eric Koch (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-02-25 | Senate | Senate concurred with House amendments | pass | 38 | 8 |   |
| 2026-02-17 | House | Third reading: passed | pass | 75 | 13 |   |
| 2026-01-20 | Senate | Third reading: passed | pass | 39 | 8 |   |

## Bill text

- Engrossed Senate Bill (H): [PDF](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.04.ENGS?format=pdf)
- Engrossed Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.03.ENGS?format=pdf)
- Enrolled Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.06.ENRH?format=pdf)
- Introduced Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.01.INTR?format=pdf)
- Senate Bill (S): [PDF](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.02.COMS?format=pdf), [PDF](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.05.COMH?format=pdf)

## Related bills

- HB 1424: Farm and homestead food sales. (signed)
- HB 1406: Tax and fiscal matters. (signed)
- HB 1266: Department of education and education matters. (signed)
- HB 1277: Health and human services matters. (signed)
- HB 1210: Department of local government finance. (signed)
- HB 1249: Various criminal law matters. (signed)

## Sources
- [Engrossed Senate Bill (H) (PDF)](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.04.ENGS?format=pdf)
- [Engrossed Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.03.ENGS?format=pdf)
- [Enrolled Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.06.ENRH?format=pdf)
- [Introduced Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.01.INTR?format=pdf)
- [Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.02.COMS?format=pdf)
- [Senate Bill (S) (PDF)](https://api.iga.in.gov/2026/bills/SB0002/versions/SB0002.05.COMH?format=pdf)

## Related
- [HB 1424: Farm and homestead food sales.](https://policyrisk.com/state-bill/IN-HB1424-2026)
- [HB 1406: Tax and fiscal matters.](https://policyrisk.com/state-bill/IN-HB1406-2026)
- [HB 1266: Department of education and education matters.](https://policyrisk.com/state-bill/IN-HB1266-2026)
- [HB 1277: Health and human services matters.](https://policyrisk.com/state-bill/IN-HB1277-2026)
- [HB 1210: Department of local government finance.](https://policyrisk.com/state-bill/IN-HB1210-2026)
- [HB 1249: Various criminal law matters.](https://policyrisk.com/state-bill/IN-HB1249-2026)
- [Indiana bills](https://policyrisk.com/states/indiana/bills)
- [Indiana state hub](https://policyrisk.com/states/indiana)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/IN-SB2-2026 (as of 2026-11-01).
