Bailable Offenses and Substantial Risk Standard Amendment
Indiana Ballot Measure - Senate Joint Resolution 1
Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
Criminal JusticeSummary
The amendment would allow courts to deny bail to defendants in cases where the proof is evident, or the presumption of guilt is strong; and the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.
Currently, Article 1, Section 17 of the Indiana Constitution only specifies that individuals charged with murder or treason are not bailable when the proof is evident, or the presumption of guilt is strong.
Measure Text
SENATE ENROLLED JOINT
RESOLUTION No. 1
A JOINT RESOLUTION proposing an amendment to Article 1, Section 17 of the Constitution of the State of Indiana concerning constitutional law.
Be it resolved by the General Assembly of the State of Indiana:
SECTION 1. The following proposed amendment to the Constitution of the State of Indiana, which was agreed to by the One Hundred Twenty-Third General Assembly of the State of Indiana and referred to this General Assembly for reconsideration and agreement, is agreed to by this the One Hundred Twenty-Fourth General Assembly of the State of Indiana.
SECTION2. ARTICLE1, SECTION17 OF THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO READ AS FOLLOWS: Section 17. Offenses, other than murder or treason, shall
be bailable by sufficient sureties, unless the accused poses a substantial risk to any other person or the community. Murder or treason shall not be bailable when the proof is evident, or the presumption strong. An offense other than murder or treason shall not be 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.
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