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

Constitutional amendment concerning bail.

Sponsored By: Eric Koch (Republican)

Became Law

Summary

Provides that an offense other than murder or treason is not bailable if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. This proposed amendment has been agreed to by one general assembly.

corrections and criminal lawthe housejudiciary

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Bill Overview

Analyzed Economic Effects

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

Stricter bail rules for criminal cases

Indiana’s Constitution now sets tighter bail rules. For murder or treason, when the proof is evident or the presumption strong, the accused cannot get bail. For other crimes, the accused is bailable by sufficient sureties unless the person poses a substantial risk to any other person or the community. For other crimes, the court denies bail when both are true: the proof is evident or the presumption strong, and the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any person or the community.

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

Third reading: passed

Yes: 75 • No: 11

Senate vote • 1/22/2026

Third reading: passed

Yes: 43 • No: 2

Actions Timeline

  1. Signed by the President of the Senate

    2/23/2026Senate
  2. Public Law 164

    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)

  • Introduced Senate Resolution (S)

  • Senate Resolution (H)

  • Senate Resolution (S)

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