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HB1323 • 2026

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Representative Ragen Hatcher
Last action
2026-01-06
Official status
Introduced House Bill (H)
Effective date
Not listed

Plain English Breakdown

The official source material does not provide details on consequences for those who cannot afford bail, nor does it specify how the bill will affect individuals already under community supervision when arrested.

Indiana Bill to Change Bail Rules

This bill changes Indiana's rules about when a court can require someone who is arrested to pay money for bail before going to trial.

What This Bill Does

  • Stops courts from asking arrestees to pay bail unless the person might run away or be dangerous.
  • Does not allow bail if the arrestee is charged with murder or treason.
  • Doesn't let bail happen if the arrestee was already out on pretrial release for a different case.
  • Prevents bail if the arrestee is currently under probation, parole, or other community supervision.

Who It Names or Affects

  • People who are arrested in Indiana
  • Courts that handle criminal cases

Terms To Know

Bail
Money paid to a court so an arrestee can be released before trial, with the promise to return for future court dates.
Pretrial release
When someone who is arrested is allowed to leave jail and go home while waiting for their trial.

Limits and Unknowns

  • The bill does not specify what happens if the arrestee cannot pay bail.
  • It's unclear how this will affect people on probation or parole when they are arrested.
  • This bill has passed both chambers of the Indiana legislature but hasn't been signed into law yet.

Bill History

  1. 2026-01-06 House

    Authored by Representative Hatcher

  2. 2026-01-06 House

    First reading: referred to Committee on Courts and Criminal Code

Official Summary Text

A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.
Bail.

Current Bill Text

Read the full stored bill text
A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Bail.

Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant's financial circumstances, to assure the arrestee's appearance at trial and to protect the community.