Indiana becomes the third state, after Alabama and Tennessee, to advance a bail-related constitutional amendment to vote

The Indiana General Assembly approved a constitutional amendment related to bail for the Nov. 3, 2026, statewide general election ballot. Lawmakers passed the amendment on Feb. 17, 2026.

Introduced as Senate Joint Resolution 1 (SJR 1), the constitutional amendment would provide that offenses, other than murder or treason, are bailable "unless the accused poses a substantial risk to any other person or the community" if the presumption is strong and the state proves that no condition of release will protect the community.

In the Indiana State Senate, SJR 1 passed 43-2, with four members not voting. In the Indiana House of Representatives, SJR 1 passed by a vote of 75-11, with 14 members not voting. Republicans, along with 23 Assembly Democrats, supported SJR 1, while the remaining 17 Democrats either opposed it or abstained.

State Sen. Erich Koch (R-44), who authored SJR 1, said "this resolution moving forward is a great step forward ensuring our communities are protected from those who pose a threat." State Rep. Chris Jeter (R-88) stated that SJR 1 is "a public safety amendment to the Indiana Constitution" and that, currently, "every criminal defendant is authorized to be released on bail, unless it is determined for treason, even if (they are) a substantial risk to the public. This amendment would change that to allow anyone who's deemed a public safety threat to be held indefinitely."


https://news.ballotpedia.org/2026/02/18/indiana-becomes-the-third-state-after-alabama-and-tennessee-to-advance-a-bail-related-constitutional-amendment-to-voters-in-2026/