Indiana House Passes Constitutional Amendment on Bail

Proposed amendment heads to November ballot for voter approval

Published on Feb. 17, 2026

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The Indiana House of Representatives has passed a proposed constitutional amendment that would allow judges to deny bail to individuals charged with offenses other than murder or treason if the state can prove they pose a substantial safety risk to the community. The measure now heads to the November ballot for voter approval.

Why it matters

This amendment, if ratified, would give Indiana judges more discretion in denying bail to defendants they deem dangerous, putting the state among 22 others that have established similar preventive detention policies. However, there are concerns that this could infringe on due process rights, making the passage of a companion bill crucial.

The details

The proposed amendment, Senate Joint Resolution 1, was introduced in 2023 and passed both chambers before being signed into law. However, to bring a constitutional amendment before Indiana voters, it must pass two consecutive, independently elected General Assemblies. The House passed the resolution in a 75-11 vote, and since no changes were made, it will now appear on the November ballot. Voters will be asked if the Indiana Constitution should be amended to allow a person charged with an offense other than murder or treason to be denied pretrial release if the state can prove by clear and convincing evidence that no release conditions will reasonably protect public safety.

  • The proposed amendment was first introduced in 2023.
  • The Indiana House passed the resolution on February 16, 2026.

The players

Sen. Eric Koch

A Republican state senator from Bedford who proposed the constitutional amendment.

Rep. Chris Jeter

The Republican state representative from Fishers who sponsored the amendment in the House.

Sen. Aaron Freeman

The Republican state senator from Indianapolis who introduced a companion bill, Senate Bill 2, to ensure due process if the amendment is ratified.

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What they’re saying

“We must put the safety of our communities first. This amendment will give judges the tools they need to keep dangerous individuals off our streets.”

— Rep. Chris Jeter, Bill Sponsor (Indiana Capital Chronicle)

What’s next

If the proposed constitutional amendment is approved by voters in November, it will go into effect, allowing judges in Indiana to deny bail to certain defendants deemed a substantial safety risk.

The takeaway

This amendment highlights the ongoing debate around bail reform and public safety, with proponents arguing it will enhance community protection and critics concerned about potential infringement on civil liberties. Voters will have the final say on whether Indiana adopts this preventive detention policy.