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.

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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.

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