SB 2

           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.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
       SENATE ENROLLED ACT No. 2
   AN ACT to amend the Indiana Code concerning criminal law and
procedure.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 35-33-7-6, AS AMENDED BY P.L.111-2024,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 6. (a) Prior to the completion of the initial
hearing, the judicial officer shall determine whether a person who
requests assigned counsel is indigent under section 6.5 of this chapter.
If the person is found to be indigent, the judicial officer shall assign
counsel to the person.
    (b) If jurisdiction over an indigent defendant is transferred to
another court, the receiving court shall assign counsel immediately
upon acquiring jurisdiction over the defendant.
    (c) If the court finds that the person is able to pay part of the cost of
representation by the assigned counsel, the court shall order the person
to pay the following:
      (1) For a felony action, a fee of two hundred dollars ($200).
      (2) For a misdemeanor action, a fee of one hundred dollars
      ($100).
However, a court may order a person to pay the fees described in
this subsection without an indigency hearing if the person has paid
a cash bond and executed an agreement under IC 35-33-8-3.2
allowing the court to retain all or a part of the cash to pay publicly
paid costs of representation and fines, costs, fees, and restitution.
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   (d) If the court orders the person to pay an amount described in
subsection (c)(1) or (c)(2), the court shall inquire at sentencing whether
the person has paid the required amount.
   (e) The clerk of the court shall deposit the first one hundred dollars
($100) in a felony case and the first fifty dollars ($50) in a
misdemeanor case of the fees described in subsection (c) in the
county's supplemental public defender services fund established by
IC 33-40-3-1.
   (f) The clerk of the court shall transfer the remaining one hundred
dollars ($100) in a felony case and the remaining fifty dollars ($50) in
a misdemeanor case of the fees described in subsection (c) to the state
comptroller for deposit in the public defense fund established by
IC 33-40-6-1.
   (g) The court may review the finding of indigency at any time
during the proceedings if:
      (1) the court receives evidence of a material change in the
      person's income or assets; or
      (2) the person has failed to provide the court with sufficient
      evidence, including documentary evidence, to sustain the court's
      initial indigency determination.
   SECTION 2. IC 35-33-7-6.5, AS AMENDED BY P.L.111-2024,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 6.5. (a) In determining whether a person is
indigent, the court shall consider the following:
      (1) The person's assets.
      (2) The person's income.
      (3) The person's necessary expenses.
   (b) The court may consider that a person's eligibility for:
      (1) the federal Supplemental Nutrition Assistance Program
      (SNAP) (except for 21 U.S.C. 862a(a));
      (2) the federal and Indiana TANF (Temporary Assistance for
      Needy Families) program (except for 21 U.S.C. 862a(a)); or
      (3) another need based public assistance program;
constitutes sufficient evidence to establish that a person is indigent.
   (c) The court may issue an initial indigency determination pending
receipt of documentary or other evidence from the person concerning
the person's income, assets, expenses, or welfare eligibility.
   (d) Each court in a county receiving reimbursement under
IC 33-40-6-5(c) shall require a person claiming indigency to submit a
uniform form, prescribed by the office of judicial administration, to
assist the court in determining whether the person is indigent. The
court shall review or designate a staff member to review the form
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submitted to ensure the accuracy of the information contained in the
form before issuing an indigency determination under this section. The
court may request any additional information needed from the person
to verify the accuracy of the information submitted in the form.
   (e) If the court finds that the person is able to pay some of the fines,
fees, and court costs, the court may prorate the person's fine, fee, and
court costs, and require the person to pay an amount that the person can
reasonably afford.
   (f) If a person has paid a cash bond and executed an agreement
under IC 35-33-8-3.2 allowing the court to retain all or a part of
the cash to pay publicly paid costs of representation and fines,
costs, fees, and restitution, the court may retain these funds
pursuant to the agreement without holding an indigency hearing.
   SECTION 3. IC 35-33-8-2, AS AMENDED BY P.L.41-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 2. (a) Murder is not bailable if the state
proves by a preponderance of the evidence that the proof is evident or
the presumption strong.
   (b) Offenses other than murder are not bailable if the state
proves at a hearing under section 3.7 of this chapter:
      (1) by a preponderance of the evidence that the proof is
      evident or the presumption strong for the charged offense;
      and
      (2) by clear and convincing evidence that:
          (A) the arrestee poses a substantial risk to the safety of any
          other person or the community; and
          (B) no conditions of release will reasonably protect the
          safety of any other person or the community.
   (c) In all other cases, offenses are bailable as provided in this
chapter.
   SECTION 4. IC 35-33-8-3.2, AS AMENDED BY P.L.205-2023,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 3.2. (a) After considering the results of the
Indiana pretrial risk assessment system (if available), other relevant
factors, and bail guidelines described in section 3.8 of this chapter, a
court may admit a defendant to bail and impose any of the following
conditions to assure the defendant's appearance at any stage of the legal
proceedings, or, upon a showing of clear and convincing evidence that
the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety:
      (1) Require the defendant to:
          (A) execute a bail bond with sufficient solvent sureties;
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       (B) deposit cash or securities in an amount equal to the bail;
       (C) execute a bond secured by real estate in the county, where
       thirty-three hundredths (0.33) of the true tax value less
       encumbrances is at least equal to the amount of the bail;
       (D) post a real estate bond; or
       (E) perform any combination of the requirements described in
       clauses (A) through (D).
   If the court requires the defendant to deposit cash or cash and
   another form of security as bail, the court may require the
   defendant and each person who makes the deposit on behalf of the
   defendant to execute an agreement that allows the court, without
   holding an indigency hearing, to retain all or a part of the cash
   to pay publicly paid costs of representation and fines, costs, fees,
   and restitution that the court may order the defendant to pay if the
   defendant is convicted. Before execution of the agreement, the
   defendant or person who makes the deposit on behalf of the
   defendant shall be advised that, upon conviction of the defendant,
   the court may retain from the cash deposited as bail all or a part
   of the cash to pay publicly paid costs of representation and fines,
   costs, fees, and restitution that the court may order the defendant
   to pay if the defendant is convicted. The defendant must also pay
   the fee required by subsection (d).
   (2) Require the defendant to execute:
       (A) a bail bond by depositing cash or securities with the clerk
       of the court in an amount not less than ten percent (10%) of
       the bail; and
       (B) an agreement that allows the court to retain all or a part of
       the cash or securities to pay fines, costs, fees, and restitution
       that the court may order the defendant to pay if the defendant
       is convicted.
   A portion of the deposit, not to exceed ten percent (10%) of the
   monetary value of the deposit or fifty dollars ($50), whichever is
   the lesser amount, may be retained as an administrative fee. The
   clerk shall also retain from the deposit under this subdivision
   fines, costs, fees, and restitution as ordered by the court, publicly
   paid costs of representation that shall be disposed of in
   accordance with subsection (b), and the fee required by
   subsection (d). In the event of the posting of a real estate bond,
   the bond shall be used only to insure the presence of the
   defendant at any stage of the legal proceedings, but shall not be
   foreclosed for the payment of fines, costs, fees, or restitution. The
   individual posting bail for the defendant or the defendant
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     admitted to bail under this subdivision must be notified by the
     sheriff, court, or clerk that the defendant's deposit may be
     forfeited under section 7 of this chapter or retained under
     subsection (b).
     (3) Impose reasonable restrictions on the activities, movements,
     associations, and residence of the defendant during the period of
     release.
     (4) Except as provided in section 3.6 of this chapter, require the
     defendant to refrain from any direct or indirect contact with an
     individual and, if the defendant has been charged with an offense
     under IC 35-46-3, any animal belonging to the individual,
     including if the defendant has not been released from lawful
     detention.
     (5) Place the defendant under the reasonable supervision of a
     probation officer, pretrial services agency, or other appropriate
     public official. If the court places the defendant under the
     supervision of a probation officer or pretrial services agency, the
     court shall determine whether the defendant must pay the pretrial
     services fee under section 3.3 of this chapter.
     (6) Release the defendant into the care of a qualified person or
     organization responsible for supervising the defendant and
     assisting the defendant in appearing in court. The supervisor shall
     maintain reasonable contact with the defendant in order to assist
     the defendant in making arrangements to appear in court and,
     where appropriate, shall accompany the defendant to court. The
     supervisor need not be financially responsible for the defendant.
     (7) Release the defendant on personal recognizance unless:
         (A) the state presents evidence relevant to a risk by the
         defendant:
            (i) of nonappearance; or
            (ii) to the physical safety of the public; and
         (B) the court finds by a preponderance of the evidence that the
         risk exists.
     (8) Require a defendant charged with an offense under IC 35-46-3
     to refrain from owning, harboring, or training an animal.
     (9) Require a defendant to participate in a mental health referral
     program under IC 33-23-18.
     (10) Impose any other reasonable restrictions designed to assure
     the defendant's presence in court or the physical safety of another
     person or the community.
   (b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
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the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the person who made the deposit. The portion of the deposit
that is not remitted to the person who made the deposit shall be
deposited by the clerk in the supplemental public defender services
fund established under IC 33-40-3.
   (c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
   (d) Except as provided in subsection (e), the clerk of the court shall:
      (1) collect a fee of five dollars ($5) from each bond or deposit
      required under subsection (a)(1); and
      (2) retain a fee of five dollars ($5) from each deposit under
      subsection (a)(2).
The clerk of the court shall semiannually remit the fees collected under
this subsection to the board of trustees of the Indiana public retirement
system for deposit in the special death benefit fund. The fee required
by subdivision (2) is in addition to the administrative fee retained under
subsection (a)(2).
   (e) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day
and remit monthly the five dollar ($5) special death benefit fee to the
county auditor.
   (f) When a court imposes a condition of bail described in subsection
(a)(4):
      (1) the clerk of the court shall comply with IC 5-2-9; and
      (2) the prosecuting attorney shall file a confidential form
      prescribed or approved by the office of judicial administration
      with the clerk.
   (g) The clerk of the court shall record the name, address, and bail
agent license number, if applicable, of the bail agent or a person
authorized by the surety posting bail for the defendant in the county
court electronic case management system.
   SECTION 5. IC 35-33-8-3.4, AS ADDED BY P.L.197-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 3.4. (a) This section applies only to a violent
arrestee. or a repeat violent arrestee.
   (b) The following definitions apply throughout this section:
      (1) "Crime of violence" means an offense:
         (A) described in IC 35-50-1-2(a); and
         (B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
         felony.
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      (2) "Repeat violent arrestee" means a person arrested for or
      charged with a crime of violence who has a prior conviction for
      a crime of violence.
      (3) (2) "Violent arrestee" means a person arrested for or charged
      with a crime of violence.
   (c) A violent arrestee or a repeat violent arrestee may only be
released on bail set individually by the court following a hearing held
in open court. Before releasing a violent arrestee or a repeat violent
arrestee on bail, the court must:
      (1) review the probable cause affidavit or arrest warrant; and
      (2) impose money bail payable by surety bond or cash deposit.
      (2) set an amount for money bail, the full amount which must
      be payable by:
         (A) surety bond;
         (B) cash deposit; or
         (C) a combination surety bond and cash deposit.
   (d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail
organization may not pay money bail imposed under this section on
behalf of a violent arrestee. or a repeat violent arrestee.
   SECTION 6. IC 35-33-8-3.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 3.7. (a) This section does not apply to a
charge of murder. A person charged with murder shall be detained
as provided in section 2 of this chapter.
   (b) For a charge other than murder, on motion of the state at or
before an initial hearing, the court shall hold a hearing to
determine whether an arrestee shall be denied bail. The state may
request detention of the arrestee at a later date if it files a verified
petition alleging the existence of new information that was
unknown or unavailable at the time of the initial hearing.
   (c) The court shall hold the bail hearing described in subsection
(b) not later than forty-eight (48) hours from the time of filing,
unless doing so is impracticable. However, the court may grant a
continuance of:
      (1) not more than five (5) days, if requested by the arrestee;
      and
      (2) not more than three (3) days, if requested by the state.
Computation of time under this subsection does not include
Saturday, Sunday, or any day on which a legal holiday is observed
for state employees as provided under IC 1-1-9.
   (d) At the bail hearing, the arrestee has the right to be
represented by counsel and, if the arrestee is indigent, to have
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counsel appointed.
   (e) In making a determination of whether to deny bail, a court
shall consider the following factors, in addition to any other fact or
circumstance relevant to reasonably assuring appearance and the
safety of any other person or the community:
      (1) The nature and circumstances of the offense charged,
      including whether the offense is an offense of violence or
      involves alcohol or drug abuse.
      (2) The weight of the evidence against the arrestee.
      (3) The history and characteristics of the arrestee, including:
         (A) the character, physical and mental condition, family
         ties, employment, financial resources, length of residence
         in the community, community ties, past conduct, history
         relating to drug or alcohol abuse, and criminal history of
         the arrestee; and
         (B) whether, at the time of the current alleged offense or at
         the time of the arrest of the arrestee, the arrestee was on
         probation, parole, community corrections, or release
         pending trial, sentencing, appeal, or completion of sentence
         for the commission of an offense under the laws of this
         state, another state, or the United States.
      (4) The nature and seriousness of the danger to any person or
      the community that would be posed by the arrestee's release.
      (5) The availability, suitability, and effectiveness of less
      restrictive alternatives to detention and specific conditions of
      release that could reasonably mitigate the identified risk.
      (6) Any other fact or circumstance that is relevant to
      reasonably assuring the appearance of the arrestee and the
      safety of any other person or the community.
   (f) If the court denies bail under this section, the court shall
issue written findings and conclusions setting forth reasons for the
denial.
   (g) No evidence or finding from a hearing under this section is
admissible as substantive evidence at a trial concerning the offense
for which the hearing was conducted. The evidence or findings may
be admissible as impeachment or in a prosecution for perjury.
   (h) If the court determines that an arrestee should not be denied
bail, the court shall set terms of pretrial release for the arrestee in
accordance with this chapter.
   (i) An order granting or denying bail is a final appealable order.
   (j) A court may reconsider an order granting or denying bail
under this section if, at any time before trial, the court is made
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aware of information that was unknown or unobtainable at the
time of a previous hearing and that has a material bearing on the
issue of whether there are conditions of release that will reasonably
assure the safety of any other person or the community. The court
may order a new hearing under this section upon motion of the
state, the arrestee, or on its own motion.
   SECTION 7. IC 35-33-8-3.8, AS ADDED BY P.L.187-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2027]: Sec. 3.8. (a) A court shall consider the results of
the Indiana pretrial risk assessment system (if available) before setting
or modifying bail for an arrestee.
   (b) If the court finds, based on the results of the Indiana pretrial risk
assessment system (if available) and other relevant factors, that an
arrestee does not present a substantial risk of flight or danger to the
arrestee or others, the court shall consider releasing the arrestee
without money bail or surety, subject to restrictions and conditions as
determined by the court, unless one (1) or more of the following apply:
      (1) The arrestee is charged with murder or treason.
      (2) The arrestee is on pretrial release not related to the incident
      that is the basis for the present arrest.
      (3) The arrestee is on probation, parole, or other community
      supervision.
      (4) The arrestee is a violent arrestee as defined in section 3.4
      of this chapter.
      (5) The arrestee is a sexually violent predator defendant as
      defined in section 3.5 of this chapter.
      (6) The arrestee has been denied bail pursuant to section 3.7
      of this chapter.
      (7) The arrestee is a foreign national who is unlawfully
      present in the United States as described in section 4.5 of this
      chapter.
The court is not required to administer an assessment before releasing
an arrestee if administering the assessment will delay the arrestee's
release.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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