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IndianaSJ 1Second Regular Session 124th General Assembly (2026)Senate

Constitutional amendment concerning bail.

Sponsored By: Eric Koch (Republican)

Became Law

corrections and criminal lawthe housejudiciary

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 0 benefits, 0 costs, 1 mixed.

Bail rights for defendants, with safety limits

Indiana’s Constitution now sets clear bail rules. Murder or treason is not bailable when the proof is evident or the presumption is strong. For other crimes, judges generally must allow bail by sufficient sureties unless the accused poses a substantial risk to another person or the community. A judge can deny bail only if the proof is evident or the presumption is strong and the State proves, by clear and convincing evidence, that no release conditions will reasonably protect safety. This protects a default right to bail for most charges while allowing detention in clearly proven, high‑risk cases.

Sponsors & Cosponsors

Sponsor

  • Eric Koch

    Republican • Senate

Cosponsors

  • Aaron Freeman

    Republican • Senate

  • Chris Jeter

    Republican • House

  • James Buck

    Republican • Senate

  • Michael Young

    Republican • Senate

  • Rodric Bray

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 118 • No: 13

House vote • 2/16/2026

Roll Call 244 on SJ0001.03.COMH

Yes: 75 • No: 11 • Other: 7

Senate vote • 1/22/2026

Roll Call 43 on SJ0001.02.COMS

Yes: 43 • No: 2 • Other: 2

Actions Timeline

  1. Public Law 164

    2/23/2026Senate

  2. Signed by the President of the Senate

    2/23/2026Senate

  3. Signed by the Speaker

    2/18/2026House

  4. Returned to the Senate without amendments

    2/17/2026House

  5. Signed by the President Pro Tempore

    2/17/2026Senate

  6. Third reading: passed; Roll Call 244: yeas 75, nays 11

    2/16/2026House

  7. Second reading: ordered engrossed

    2/12/2026House

  8. Committee report: do pass, adopted

    2/9/2026House

  9. First reading: referred to Committee on Judiciary

    1/28/2026House

  10. Referred to the House

    1/23/2026Senate

  11. Third reading: passed; Roll Call 43: yeas 43, nays 2

    1/22/2026Senate

  12. Senator Bray added as second author

    1/22/2026Senate

  13. Senator Buck added as coauthor

    1/22/2026Senate

  14. Senator Freeman added as third author

    1/22/2026Senate

  15. House sponsor: Representative Jeter

    1/22/2026Senate

  16. Senator Young M added as coauthor

    1/22/2026Senate

  17. Second reading: ordered engrossed

    1/15/2026Senate

  18. Committee report: do pass, adopted

    1/13/2026Senate

  19. First reading: referred to Committee on Corrections and Criminal Law

    12/9/2025Senate

  20. Authored by Senator Koch

    12/9/2025Senate

Bill Text

  • Enrolled Senate Resolution (S)

    PDF

  • Introduced Senate Resolution (S)

    PDF

  • Senate Resolution (H)

    PDF

  • Senate Resolution (S)

    PDF

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