Senate joint resolution would let judges deny bail more broadly; critics warn language is overly broad
Feb 2, 2026
Senate Joint Resolution (referred to as SB3) would amend Indiana's constitution to let judges deny bail beyond murder and treason if proof is "evident or the presumption strong" and no release conditions could protect community safety; legislators warned the ballot language could allow denial for lower-level offenses.
The full story
Senator Shelly Yoder described a proposed constitutional amendment (referred to in the session as SB3) that would expand circumstances when judges can deny bail. "The question will be: 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, 1, the proof is evident or the presumption strong, and 2, the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any person in the community," Yoder read from the current language she noted would appear on the ballot if the measures pass both required general assemblies.
Sign up to keep reading.
Your free newsletter brings you what your city council, county, and school board discussed and decided.
Keep reading for free
Create a free account to finish this story and see the video, transcript and key details.
Continue with GoogleContinue with emailAlready have an account? Log in →