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The Indiana House of Representatives on Monday passed Bedford Republican Sen. Eric Koch’s proposal to amend the state’s constitutional provision, meaning Hoosiers will have the final say in whether the state takes up preventive detention.
Lawmakers passed Senate Joint Resolution 1 in a 75-11 vote, and since the House did not make changes, it will next be seen by Hoosiers on the November ballot.
The measure was first introduced in 2023, where it passed both chambers and was signed into law. But before a constitutional amendment can be brought before Indiana voters, it must pass two consecutive, independently elected General Assemblies.
With the passage of the resolution and its ballot-language proposal, Senate Bill 3, voters will see a question on their ballots asking if the Indiana Constitution should be changed 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 other person or the community.”
A majority of voters must accept the change for the amendment to be ratified.
Currently, state law allows judges to impose bail on those whom they believe to be dangerous or who they fear will evade court. But judges can only keep defendants in jail without bond if they are accused of murder or treason.
If ratified, Koch’s constitutional amendment would change that by giving judges the power to deny bail to an individual if they are found by clear and convincing evidence to pose a substantial safety risk to the community.
When testifying in support of the amendment on Monday, bill sponsor Rep. Chris Jeter, R-Fishers, said the measure would put Indiana among 22 other states that have already established similar preventive detention policies.
The House on Monday also voted to send Indianapolis Republican Sen. Aaron Freeman’s companion bill, Senate Bill 2, to third reading. Since SJR 1 would broaden a judge’s power to deny pretrial release to more offenders, supporters of SB 2 argue that it is crucial for lawmakers to pass it or else the state would be without a legal framework to ensure due process.
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