The Indiana General Assembly approved a constitutional amendment related to bail for the Nov. 3, 2026, statewide general election ballot. Lawmakers passed the amendment on Feb. 17, 2026.
Introduced as Senate Joint Resolution 1 (SJR 1), the constitutional amendment would provide that offenses, other than murder or treason, are bailable "unless the accused poses a substantial risk to any other person or the community" if the presumption is strong and the state proves that no condition of release will protect the community.
In the Indiana State Senate, SJR 1 passed 43-2, with four members not voting. In the Indiana House of Representatives, SJR 1 passed by a vote of 75-11, with 14 members not voting. Republicans, along with 23 Assembly Democrats, supported SJR 1, while the remaining 17 Democrats either opposed it or abstained.
State Sen. Erich Koch (R-44), who authored SJR 1, said "this resolution moving forward is a great step forward ensuring our communities are protected from those who pose a threat." State Rep. Chris Jeter (R-88) stated that SJR 1 is "a public safety amendment to the Indiana Constitution" and that, currently, "every criminal defendant is authorized to be released on bail, unless it is determined for treason, even if (they are) a substantial risk to the public. This amendment would change that to allow anyone who's deemed a public safety threat to be held indefinitely."
State Sen. Greg Taylor (D-33), who voted against the amendment, said, "It's not based on the charge — it's based on the person, which makes this even more egregious. If you don't think there are some judges out there that may have bias in their community of certain people, then you haven't been to court in Indiana."
Voters in Indiana will also decide another ballot measure—House Joint Resolution 6 (HJR 6)—on Nov. 3, 2026, regarding the residency requirements for city and town court judges. HJR 6 would require city and town court judges to reside in either the county where the court is located or the bordering county closest to the court.
Since 2023, voters in three states—Colorado, Texas, and Wisconsin—have approved constitutional amendments adding conditions or exceptions to their state constitutions’ right to bail for criminal defendants. In 2026, voters in Alabama and Tennessee, along with Indiana, will also decide on similar bail-related amendments. In Alabama, the ballot measure would expand the list of crimes for which bail can be denied to include shooting or discharging a firearm, explosive device, or other weapon into an occupied dwelling and solicitation to commit murder. In Tennessee, the ballot measure would remove the right to bail in cases where the presumption of guilt is great, and the defendant is accused of terrorism, second-degree murder, aggravated rape of a child, grave torture, and any other offense for which a convicted individual could not be released prior to the expiration of at least 85% of their sentence.
Additional reading: