Indiana Bail Amendment: What Public Question 1 Would Change
Public Question 1 on Indiana's November 3, 2026 ballot asks voters whether to amend the Indiana Constitution so judges can deny bail to some people charged with crimes other than murder or treason. Today, Article 1, Section 17 guarantees bail for every offense except murder and treason. If the amendment passes, a court could hold a person without bail when the proof is evident or the presumption strong, and the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. A related law, Senate Enrolled Act 2, sets out new bail hearing procedures starting January 1, 2027.
Key points
Under the current Indiana Constitution, every offense except murder and treason is bailable.
Public Question 1 would allow courts to deny bail for other offenses, but only if the state meets two specific requirements.
A Yes vote approves the amendment. A No vote leaves Section 17 as it is.
Senate Enrolled Act 2 creates a hearing process, with deadlines and written findings, that takes effect January 1, 2027.
This article explains what the amendment and law say. It does not take a position on how to vote.
What does Indiana's Constitution say about bail now?
Article 1, Section 17 of the Indiana Constitution currently reads: "Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong."
In practice, this means a judge can set conditions of release for any other charge, such as a cash bond, a surety bond, pretrial supervision, or electronic monitoring, but cannot simply refuse bail. Indiana law requires that bail be no higher than reasonably necessary to assure the person appears in court, or to protect others when the court finds a risk to physical safety by clear and convincing evidence (IC 35-33-8-4). Courts also consider pretrial risk assessments and may release lower-risk people without money bail (IC 35-33-8-3.8).
For more on how release works today, see our article on how bail works and your options for release.
What would Public Question 1 change?
If voters approve it, Article 1, Section 17 would say that offenses other than murder or treason are bailable "unless the accused poses a substantial risk to any other person or the community." It would add that an offense other than murder or treason "shall not be bailable" if:
the proof is evident or the presumption strong; and
the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community.
The rule for murder and treason would stay the same.
The question on the ballot summarizes this change and asks: "Shall the Constitution of the State of Indiana be amended to provide that a person charged with an offense other than murder or treason is not entitled to bail if" those two conditions are met.
What do Yes and No votes mean?
Yes: The constitution is amended, and courts could deny bail for charges other than murder or treason when both conditions are met.
No: Section 17 stays the same, and only murder and treason charges could be held without bail, when the proof is evident or the presumption strong.
Under Article 16 of the Indiana Constitution, an amendment becomes part of the constitution once a majority of voters voting on it approve it.
How did the amendment get on the ballot?
Amending the Indiana Constitution requires approval by two separately elected General Assemblies and then by voters. This amendment passed the General Assembly in 2023 and again in 2026 as Senate Joint Resolution 1. A separate 2026 law, Senate Enrolled Act 3, set the ballot language.
What does Senate Enrolled Act 2 do?
Senate Enrolled Act 2 (P.L. 64-2026) changes Indiana's bail statutes effective January 1, 2027. Among other things, it:
Creates a hearing process for the state to ask a court to deny bail for an offense other than murder (IC 35-33-8-3.7).
Requires the state to prove by a preponderance of the evidence that the proof is evident or the presumption strong, and by clear and convincing evidence that the person poses a substantial risk to the safety of others or the community and that no release conditions will reasonably protect that safety.
Requires the hearing to be held within 48 hours of the request, unless that is impracticable, not counting weekends and legal holidays. The defense may request a continuance of up to 5 days and the state up to 3 days.
Requires written findings if bail is denied and makes the order appealable.
Lets the state renew a request only with new information that was not known or available at the first hearing.
Allows a court to keep a cash bail deposit under an agreement the person signed, to pay costs such as fines, fees, and restitution, without first holding an indigency hearing.
SEA 2 does not say that it depends on the amendment passing. But the constitution controls over any statute, so if the amendment fails, Section 17's current guarantee of bail for offenses other than murder and treason would remain in place, and courts would have to apply SEA 2 consistently with it.
What are the main arguments?
Supporters, including the amendment's sponsors and Indiana prosecutors, argue that judges should be able to detain people who pose a serious danger to others, and that the clear and convincing evidence standard keeps the burden on the state.
Opponents, including the ACLU of Indiana and the Indiana Public Defender Council, argue that the language is broad, that more people who have not been convicted could be held in jail, and that it weakens the presumption of innocence.
Brinkley Law does not take a position on the ballot question. Voters can read the full text on their sample ballot.
What this means if you or a family member is arrested
Until January 1, 2027, and unless the constitution changes, Indiana's current bail rules apply. If a family member has been arrested:
Find out the charge and the court handling the case.
Ask about the bail amount and any release conditions, such as pretrial supervision or a no-contact order.
Gather information that a court may consider, such as employment, residence, and family ties.
Talk with a criminal defense lawyer about asking the court to modify bail or release conditions.
Our guide on what to do if you get arrested in Indiana has more detail.
Frequently asked questions
When is the vote on Indiana Public Question 1?
The question is on the November 3, 2026 general election ballot.
Does Public Question 1 eliminate cash bail?
No. The amendment addresses when bail can be denied altogether. It does not eliminate cash bail or other release conditions.
Would the amendment apply to misdemeanors?
The amendment's language applies to offenses other than murder or treason and does not exclude misdemeanors. Whether bail could be denied in any case would depend on the state meeting both requirements in court.
When would the new bail hearing law take effect?
Senate Enrolled Act 2 takes effect January 1, 2027.
Questions about bail or a criminal charge?
If you or a family member has been arrested in Indiana, you can schedule a consultation with Brinkley Law or learn more about our criminal defense practice.
Brinkley Law, 8888 Keystone Crossing, Suite 1300, Indianapolis, Indiana 46240.
This article provides general information about Indiana law and is not legal advice. Reading it or contacting Brinkley Law does not create an attorney-client relationship. The application of the law depends on the facts of each matter.
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