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A JOINT RESOLUTION proposing an amendment to Article 1, Section 17 of the Constitution of the State of Indiana concerning constitutional law.

A JOINT RESOLUTION proposing an amendment to Article 1, Section 17 of the Constitution of the State of Indiana concerning constitutional law.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Eric Koch
Last action
2026-02-23
Official status
Enrolled Senate Resolution (S)
Effective date
Not listed

Plain English Breakdown

The official source does not provide details on what happens if the state cannot meet the required standard of proof.

Amendment to Indiana Constitution on Bail

This resolution changes a part of Indiana's constitution about bail for people accused of crimes, except murder and treason.

What This Bill Does

  • Changes Article 1, Section 17 of the Indiana Constitution.
  • Says that someone charged with an offense other than murder or treason cannot get bail if there is strong evidence against them.
  • Requires the state to prove by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.

Who It Names or Affects

  • People accused of crimes in Indiana, except those charged with murder or treason.
  • Courts deciding on bail for criminal cases.

Terms To Know

Bail
Money or other conditions set by a court to let someone out of jail before their trial.
Clear and convincing evidence
A high standard of proof that shows something is highly probable and believable.

Limits and Unknowns

  • The amendment only applies to offenses other than murder or treason.
  • It does not specify what happens if the state cannot prove by clear and convincing evidence.

Bill History

  1. 2026-02-23 Senate

    Signed by the President of the Senate

  2. 2026-02-23 Senate

    Public Law 164

  3. 2026-02-18 House

    Signed by the Speaker

  4. 2026-02-17 House

    Returned to the Senate without amendments

  5. 2026-02-17 Senate

    Signed by the President Pro Tempore

  6. 2026-02-16 House

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

  7. 2026-02-12 House

    Second reading: ordered engrossed

  8. 2026-02-09 House

    Committee report: do pass, adopted

  9. 2026-01-28 House

    First reading: referred to Committee on Judiciary

  10. 2026-01-23 Senate

    Referred to the House

  11. 2026-01-22 Senate

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

  12. 2026-01-22 Senate

    House sponsor: Representative Jeter

  13. 2026-01-22 Senate

    Senator Bray added as second author

  14. 2026-01-22 Senate

    Senator Freeman added as third author

  15. 2026-01-22 Senate

    Senator Buck added as coauthor

  16. 2026-01-22 Senate

    Senator Young M added as coauthor

  17. 2026-01-15 Senate

    Second reading: ordered engrossed

  18. 2026-01-13 Senate

    Committee report: do pass, adopted

  19. 2025-12-09 Senate

    Authored by Senator Koch

  20. 2025-12-09 Senate

    First reading: referred to Committee on Corrections and Criminal Law

Official Summary Text

A JOINT RESOLUTION proposing an amendment to Article 1, Section 17 of the Constitution of
the State of Indiana concerning constitutional law.
Constitutional amendment concerning bail.

Current Bill Text

Read the full stored bill text
A JOINT RESOLUTION proposing an amendment to Article 1, Section 17 of the Constitution of
the State of Indiana concerning constitutional law.

Constitutional amendment concerning bail.

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.