Indiana lawmakers are proposing to limit who has access to bail in the state constitution. Here’s how this could impact defendants

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WANE on 4/20/2023 by Joe McQueen

FORT WAYNE, Ind. (WANE) – The Indiana General Assembly is proposing to add an amendment to the state constitution which would limit who would be able to get bail.

The proposal, Senate Joint Resolution 1, passed through the Senate Jan. 26 with a 34-15 vote and is currently being debated in the house. The amendment’s language would say anyone who a judge considers a “substantial risk” to the public would not be entitled to bail.

The amendment would also include that an offense other than murder or treason should not be bailable if the state proves by clear and convincing evidence that releasing a defendant would not keep the community safe.

 

Update:

SJR 1Provides 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.

  • Passed the Senate 34-15 on Thursday, January 26th and referred to the House.
  • Passed the House 70-19 on Thursday, April 6th and returned to the Senate with amendments.
  • Senate concurred with House amendments 38-9 on Thursday, April 13th.

see more Legislative information on our 2023 Legislation Page