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Bill > HB1323


IN HB1323

IN HB1323
Bail.


summary

Introduced
01/06/2026
In Committee
01/06/2026
Crossed Over
Passed
Dead
02/27/2026

Introduced Session

2026 Regular Session

Bill Summary

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.

AI Summary

This bill modifies Indiana law regarding bail, aiming to reduce the instances where money bail is required for pretrial release. Specifically, it prohibits courts from requiring an arrestee to pay bail unless certain conditions are met: the court must find by clear and convincing evidence that the arrestee is a flight risk or a danger to the community, or the arrestee is charged with murder or treason, is already on pretrial release for another matter, or is currently on probation, parole, or other community supervision. When bail is deemed necessary, the bill mandates that the amount set must be the lowest amount reasonably required to ensure the arrestee's appearance in court and protect the community, taking into account the defendant's financial circumstances. The bill also emphasizes the use of the Indiana pretrial risk assessment system to inform bail decisions and generally favors releasing arrestees without money bail if they are not deemed a substantial risk of flight or danger, unless specific exceptions apply.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Courts and Criminal Code (on 01/06/2026)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing

bill text


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