HB 1194

                                                            Introduced Version
           HOUSE BILL No. 1194
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-33-8.
Synopsis: Bail matters. Provides that offenses other than murder are
not bailable if the state proves: (1) by a preponderance of the evidence
that the proof is evident or the presumption strong; and (2) by clear and
convincing evidence that the arrestee is dangerous and that no
conditions of release will reasonably protect the safety of other persons
or the community. Establishes procedures for a bail hearing.
Effective: January 1, 2027.
                                  Jeter
   January 5, 2026, read first time and referred to Committee on Courts and Criminal Code.
2026  IN 1194—LS 6807/DI 106
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1194
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 35-33-8-2, AS AMENDED BY P.L.41-2018,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2027]: Sec. 2. (a) Murder is not bailable if the state
4 proves by a preponderance of the evidence that the proof is evident or
5 the presumption strong.
6    (b) Offenses other than murder are not bailable if the state
7 proves at a hearing under section 3.7 of this chapter:
8      (1) by a preponderance of the evidence that the proof is
9      evident or the presumption strong for the charged offense;
10      and
11      (2) by clear and convincing evidence that:
12(A) the arrestee poses a substantial risk to the safety of any
13other person or the community; and
14(B) no conditions of release will reasonably protect the
15safety of any other person or the community.
16    (c) In all other cases, offenses are bailable as provided in this
17 chapter.
 2026  IN 1194—LS 6807/DI 106
                                    2
1    SECTION 2. IC 35-33-8-3.7 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2027]: Sec. 3.7. (a) This section does not apply to a
4 charge of murder. A person charged with murder shall be detained
5 as provided in section 2 of this chapter.
6    (b) For a charge other than murder, on motion of the state at or
7 before an initial hearing, the court shall hold a hearing to
8 determine whether an arrestee shall be denied bail. The state may
9 request detention of the arrestee at a later date if it files a verified
10 petition alleging the existence of new information that was
11 unknown or unavailable at the time of the initial hearing.
12    (c) The court shall hold the bail hearing described in subsection
13 (b) not later than forty-eight (48) hours from the time of filing,
14 unless doing so is impracticable. However, the court may grant a
15 continuance of:
16(1) not more than five (5) days, if requested by the arrestee;
17and
18(2) not more than three (3) days, if requested by the state.
19    (d) At the bail hearing, the arrestee has all constitutional rights
20 guaranteed to a person accused of a crime, including the right to be
21 represented by counsel and, if the arrestee is indigent, to have
22 counsel appointed. The arrestee also has the right to testify, to
23 present evidence, and to subpoena and cross-examine witnesses.
24    (e) In making a determination of whether to deny bail, a court
25 shall consider the following factors, in addition to any other fact or
26 circumstance relevant to reasonably assuring appearance and the
27 safety of any other person or the community:
28(1) The nature and circumstances of the offense charged,
29including whether the offense is an offense of violence or
30involves alcohol or drug abuse.
31(2) The weight of the evidence against the arrestee.
32(3) The history and characteristics of the arrestee, including:
33(A) the character, physical and mental condition, family
34ties, employment, financial resources, length of residence
35in the community, community ties, past conduct, history
36relating to drug or alcohol abuse, and criminal history of
37the arrestee; and
38(B) whether, at the time of the current alleged offense or at
39the time of the arrest of the arrestee, the arrestee was on
40probation, parole, community corrections, or release
41pending trial, sentencing, appeal, or completion of sentence
42for the commission of an offense under the laws of this
 2026  IN 1194—LS 6807/DI 106
                                      3
1state, another state, or the United States.
2(4) The nature and seriousness of the danger to any person or
3the community that would be posed by the arrestee's release.
4(5) The availability, suitability, and effectiveness of less
5restrictive alternatives to detention and specific conditions of
6release that could reasonably mitigate the identified risk.
7(6) Any other fact or circumstance that is relevant to
8reasonably assuring the appearance of the arrestee and the
9safety of any other person or the community.
10    (f) If the court denies bail under this section, the court shall
11 issue brief written findings and conclusions setting forth reasons
12 for the denial.
13    (g) No evidence or finding from a hearing under this section is
14 admissible as substantive evidence at a trial concerning the offense
15 for which the hearing was conducted. The evidence or findings may
16 be admissible as impeachment or in a prosecution for perjury.
17    (h) If the court determines that an arrestee should not be denied
18 bail, the court shall set terms of pretrial release for the arrestee in
19 accordance with this chapter.
20    (i) An order granting or denying bail is a final appealable order.
21 The pendency of an appeal from the denial of bail does not stay
22 proceedings in the trial court.
23    (j) A court may reconsider an order granting or denying bail
24 under this section if, at any time before trial, the court is made
25 aware of information that was unknown or unobtainable at the
26 time of a previous hearing and that has a material bearing on the
27 issue of whether there are conditions of release that will reasonably
28 assure the safety of any other person or the community. The court
29 may order a new hearing under this section upon motion of the
30 state or the arrestee.
31    SECTION 3. IC 35-33-8-3.8, AS ADDED BY P.L.187-2017,
32 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JANUARY 1, 2027]: Sec. 3.8. (a) A court shall consider the results of
34 the Indiana pretrial risk assessment system (if available) before setting
35 or modifying bail for an arrestee.
36    (b) If the court finds, based on the results of the Indiana pretrial risk
37 assessment system (if available) and other relevant factors, that an
38 arrestee does not present a substantial risk of flight or danger to the
39 arrestee or others, the court shall consider releasing the arrestee
40 without money bail or surety, subject to restrictions and conditions as
41 determined by the court, unless one (1) or more of the following apply:
42(1) The arrestee is charged with murder or treason.
 2026  IN 1194—LS 6807/DI 106
                                    4
1      (2) The arrestee is on pretrial release not related to the incident
2      that is the basis for the present arrest.
3      (3) The arrestee is on probation, parole, or other community
4      supervision.
5      (4) The arrestee is a violent arrestee as defined in section 3.4
6      of this chapter.
7      (5) The arrestee is a sexually violent predator defendant as
8      defined in section 3.5 of this chapter.
9      (6) The arrestee has been denied bail pursuant to section 3.7
10      of this chapter.
11      (7) The arrestee is a foreign national who is unlawfully
12      present in the United States as described in section 4.5 of this
13      chapter.
14 The court is not required to administer an assessment before releasing
15 an arrestee if administering the assessment will delay the arrestee's
16 release.
 2026  IN 1194—LS 6807/DI 106