SB 2: Bail procedures. - Indiana

Enrolled Senate Bill (S) → Senate Bill (S) · 3 edits

MINOR

This bill transitions the text from an enrolled, finalized act to a draft Senate Bill version, updating the effective date for new provisions to July 1, 2026, and removing the 'repeat violent arrestee' restrictions that were present in the final enrolled version. The core policy regarding bail procedures and indigent counsel fees remains substantively the same, but the document now reflects a legislative status prior to final passage.

Scope change

The bill's scope remains focused on criminal law and procedure, specifically bail procedures and assigned counsel fees, but the removal of the 'repeat violent arrestee' clause in this draft version means the stricter bail restrictions for repeat offenders found in the enrolled version are not yet included.

TIMELINE

The effective date for the new bail procedures and fee structures was changed from January 1, 2027, to July 1, 2026.

REQUIREMENT

Provisions restricting bail for 'repeat violent arrestees' were removed from this draft version, a restriction that was present in the final enrolled act.

TECHNICAL

The document header was changed from 'Senate Enrolled Act No. 2' to 'Senate Bill No. 2', reflecting its status as a draft bill rather than a finalized law.

Engrossed Senate Bill (H) → Enrolled Senate Bill (S) · 5 edits · Mar 4, 2026

MODERATE

This bill transitions from a draft Senate Bill to an Enrolled Act, finalizing the text for official enactment. Substantively, it amends Indiana's criminal law to establish stricter bail procedures for non-murder offenses, requiring clear and convincing evidence of danger before denying release. It also updates rules for assigning public defenders, introducing specific fees for those who can afford partial representation, and clarifies how courts determine indigency.

Scope change

The bill's scope remains focused on Indiana criminal law and procedure, specifically bail hearings and public defense funding, with no change in the types of cases or individuals covered.

REQUIREMENT

Bail procedures for non-murder offenses now require a hearing where the state must prove by clear and convincing evidence that the arrestee poses a substantial risk to public safety and that no release conditions can protect the community.

Courts must now use a uniform form prescribed by the judicial administration office to verify a defendant's financial information when determining indigency.

FISCAL

New provisions require courts to collect specific fees ($200 for felonies, $100 for misdemeanors) from defendants who can pay part of their public defender costs, with funds split between county and state public defense funds.

ELIGIBILITY

Indigency determinations now explicitly consider eligibility for federal and state public assistance programs like SNAP and TANF as sufficient proof of indigency.

TIMELINE

The effective date for these new bail and public defense provisions is set for January 1, 2027.

Engrossed Senate Bill (S) → Engrossed Senate Bill (H) · 5 edits · Feb 25, 2026

MODERATE

The bill number was updated from SB0002.2 to SB0002.3, and the reprint date was changed from January 16, 2026, to January 22, 2026. These changes reflect the bill's progression through the legislative process, specifically noting that it was passed on January 20, 2026, and subsequently corrected and reprinted.

TECHNICAL

Bill identifier updated from SB0002.2 to SB0002.3 to reflect the latest version.

Reprint date updated from January 16, 2026, to January 22, 2026.

TIMELINE

Added a record of the bill being engrossed on January 16, 2026.

Added a record of a motion to correct the committee report being adopted on January 20, 2026.

Added the final vote count (39 yeas, 8 nays) and confirmation that the bill passed on January 20, 2026.

Introduced Senate Bill (S) → Engrossed Senate Bill (S) · 4 edits · Feb 25, 2026

MODERATE

The bill was amended to remove provisions related to bail determinations for violent offenders and to update the effective dates for the remaining sections. The primary substantive change is the addition of a new section allowing courts to retain cash bail payments to cover public defense costs without requiring a separate indigency hearing, provided the defendant signs an agreement.

Scope change

The bill's scope was narrowed by removing the specific rules regarding bail hearings for violent arrestees and repeat violent arrestees, while retaining and modifying the general bail procedures and indigency determination rules.

REQUIREMENT

Deleted all provisions establishing special bail hearing requirements, definitions of 'violent arrestee,' and restrictions on charitable bail organizations for violent offenders.

Established a process for courts to collect initial indigency fees and deposit them into public defense funds without holding a separate hearing to determine poverty status.

TIMELINE

Changed the effective date for the bail hearing procedures from July 1, 2026, to January 1, 2027, and removed the July 1, 2026 effective date entirely.

FISCAL

Added a new provision permitting courts to keep cash bail payments to fund public defender services and fines if the defendant agrees, with specific fees set at $200 for felonies and $100 for misdemeanors.

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