Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
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SENATE ENROLLED ACT No. 3
AN ACT concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. [EFFECTIVE JULY 1, 2026] (a) The amendment to
the Constitution of the State of Indiana concerning the release of
an arrestee on bail, agreed to by the One Hundred Twenty-Third
General Assembly (P.L.255-2023) and the One Hundred
Twenty-Fourth General Assembly (SJR 1-2026), shall be submitted
to the electors of Indiana at the 2026 general election in the manner
provided for the submission of constitutional amendments under
IC 3.
(b) Under Article 16, Section 1 of the Constitution of the State
of Indiana, which requires the general assembly to submit
constitutional amendments to the electors at the next general
election after the general assembly agrees to the amendment
referred to it by the last previously elected general assembly, and
in accordance with IC 3-10-3, the general assembly prescribes the
form in which the public question concerning the ratification of
this state constitutional amendment must appear on the 2026
general election ballot as follows:
"Public Question #1
Currently, under the Constitution of the State of Indiana, a
person charged with murder or treason is not entitled to be
released on bail if the proof is evident or the presumption strong.
Shall the Constitution of the State of Indiana be amended to
SEA 3
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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
other person or the community.
(This question concerns Article 1, Section 17 of the Constitution of
the State of Indiana.)".
(c) This SECTION expires July 1, 2027.
SEA 3
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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