Bill > HB1194

This bill modifies Indiana law regarding bail, specifically for offenses other than murder, by establishing stricter criteria for denying bail. Under the proposed changes, if the state can prove by a preponderance of the evidence that the evidence against the arrestee is strong and by clear and convincing evidence that the arrestee is dangerous and no conditions of release can ensure public safety, then bail can be denied. The bill also introduces new procedures for bail hearings, requiring them to be held within 48 hours unless impractical, and outlines factors a court must consider when determining whether to deny bail, such as the nature of the offense, the weight of the evidence, the arrestee's history and characteristics, and the potential danger posed by their release. Importantly, evidence presented at these bail hearings cannot be used as substantive evidence at trial, except for impeachment or perjury cases. The bill also updates existing law to include denial of bail under this new section as a reason to deny release without money bail, and clarifies that orders granting or denying bail are final and appealable.