Indiana 2023 Regular Session

Indiana Senate Bill SJR0001 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	SJ9615
	2	+	Reprinted
	3	+	April 5, 2023
	4	+	ENGROSSED
	5	+	SENATE JOINT
	6	+	RESOLUTION No. 1
	7	+	_____
	8	+	DIGEST OF SJ 1 (Updated April 4, 2023 2:15 pm - DI 106)
	9	+	Citations Affected: Article 1, Section 17 of the Constitution of the
	10	+	State of Indiana.
	11	+	Synopsis: Limitation on right to bail. Provides that an offense other
	12	+	than murder or treason is not bailable if: (1) the proof is evident or the
	13	+	presumption strong; and (2) the state proves by clear and convincing
	14	+	evidence that no release conditions will reasonably protect the safety
	15	+	of any other person or the community.
	16	+	Effective: This proposed amendment must be agreed to by two
	17	+	consecutive general assemblies and ratified by a majority of the state's
	18	+	voters voting on the question to be effective.
	19	+	Koch, Bray, Freeman, Baldwin,
	20	+	Bohacek
	21	+	(HOUSE SPONSORS — JETER, STEUERWALD, MCNAMARA, TORR)
	22	+	January 9, 2023, read first time and referred to Committee on Corrections and Criminal
	23	+	Law.
	24	+	January 19, 2023, reported favorably — Do Pass.
	25	+	January 24, 2023, read second time, ordered engrossed. Engrossed.
	26	+	January 26, 2023, read third time, passed. Yeas 34, nays 15.
	27	+	HOUSE ACTION
	28	+	February 7, 2023, read first time and referred to Committee on Courts and Criminal Code.
	29	+	March 30, 2023, amended, reported — Do Pass.
	30	+	April 4, 2023, read second time, amended, ordered engrossed.
	31	+	SJ 1—SJ 9615/DI 106 Reprinted
	32	+	April 5, 2023
1	33		First Regular Session of the 123rd General Assembly (2023)
2	34		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	35		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	36		additions will appear in this style type, and deletions will appear in this style type.
5	37		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	38		provision adopted), the text of the new provision will appear in this style type. Also, the word
7	39		NEW will appear in that style type in the introductory clause of each SECTION that adds a
8	40		new provision to the Indiana Code or the Indiana Constitution.
9	41		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	42		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	SENATE ENROLLED JOINT
	43	+	ENGROSSED
	44	+	SENATE JOINT
12	45		RESOLUTION No. 1
13	46		A JOINT RESOLUTION proposing an amendment to Article 1,
14	47		Section 17 of the Constitution of the State of Indiana concerning
15	48		constitutional law.
16	49		Be it resolved by the General Assembly of the State of Indiana:
17		-	SECTION 1. The following amendment to the Constitution of the
18		-	State of Indiana is proposed and agreed to by this, the One Hundred
19		-	Twenty-Third General Assembly of the State of Indiana, and is referred
20		-	to the next General Assembly for reconsideration and agreement.
21		-	SECTION 2. ARTICLE 1, SECTION 17 OF THE CONSTITUTION
22		-	OF THE STATE OF INDIANA IS AMENDED TO READ AS
23		-	FOLLOWS: Section 17. Offenses, other than murder or treason, shall
24		-	be bailable by sufficient sureties, unless the accused poses a
25		-	substantial risk to any other person or the community. Murder or
26		-	treason shall not be bailable when the proof is evident, or the
	50	+	1 SECTION 1. The following amendment to the Constitution of the
	51	+	2 State of Indiana is proposed and agreed to by this, the One Hundred
	52	+	3 Twenty-Third General Assembly of the State of Indiana, and is referred
	53	+	4 to the next General Assembly for reconsideration and agreement.
	54	+	5 SECTION 2. ARTICLE 1, SECTION 17 OF THE CONSTITUTION
	55	+	6 OF THE STATE OF INDIANA IS AMENDED TO READ AS
	56	+	7 FOLLOWS: Section 17. Offenses, other than murder or treason, shall
	57	+	8 be bailable by sufficient sureties, unless the accused poses a
	58	+	9 substantial risk to any other person or the community. Murder or
	59	+	10 treason shall not be bailable when the proof is evident, or the
	60	+	11 presumption strong. An offense other than murder or treason shall
	61	+	SJ 1—SJ 9615/DI 106 2
	62	+	1 not be bailable if:
	63	+	2 (1) the proof is evident or the presumption strong; and
	64	+	3 (2) the state proves by clear and convincing evidence that no
	65	+	4 release conditions will reasonably protect the safety of any
	66	+	5 other person or the community.
	67	+	SJ 1—SJ 9615/DI 106 3
	68	+	COMMITTEE REPORT
	69	+	Madam President: The Senate Committee on Corrections and
	70	+	Criminal Law, to which was referred Senate Joint Resolution No. 1, has
	71	+	had the same under consideration and begs leave to report the same
	72	+	back to the Senate with the recommendation that said resolution DO
	73	+	PASS.
	74	+	(Reference is to SJ 1 as introduced.)
	75	+
	76	+	FREEMAN, Chairperson
	77	+	Committee Vote: Yeas 5, Nays 3
	78	+	_____
	79	+	COMMITTEE REPORT
	80	+	Mr. Speaker: The House Committee on Courts and Criminal Code,
	81	+	to which was referred Senate Joint Resolution No. 1, has had the same
	82	+	under consideration and begs leave to report the same back to the
	83	+	House with the recommendation that said resolution be AMENDED as
	84	+	follows:
	85	+	Page 1, delete lines 5 through 11, begin a new paragraph, and insert:
	86	+	"SECTION 2. ARTICLE 1, SECTION 17 OF THE
	87	+	CONSTITUTION OF THE STATE OF INDIANA IS AMENDED TO
	88	+	READ AS FOLLOWS: Section 17. Offenses, other than murder or
	89	+	treason, shall be bailable by sufficient sureties, unless the accused
	90	+	poses a substantial risk to any other person or the community.
	91	+	Murder or treason shall not be bailable when the proof is evident, or the
27	92		presumption strong. An offense other than murder or treason shall
28		-	not be bailable if:
	93	+	not be bailable if the state proves by clear and convincing evidence
	94	+	that no release conditions will reasonably protect the safety of any
	95	+	other person or the community.".
	96	+	and when so amended that said resolution do pass.
	97	+	(Reference is to SJR 1 as printed January 20, 2023.)
	98	+	MCNAMARA
	99	+	Committee Vote: yeas 7, nays 5.
	100	+	SJ 1—SJ 9615/DI 106 4
	101	+	HOUSE MOTION
	102	+	Mr. Speaker: I move that Engrossed Senate Joint Resolution 1 be
	103	+	amended to read as follows:
	104	+	Page 2, line 1, delete "if" and insert "if:
29	105		(1) the proof is evident or the presumption strong; and
30		-	(2) the state proves by clear and convincing evidence that no
31		-	release conditions will reasonably protect the safety of any
32		-	SJ 1 — Concur 2
33		-	other person or the community.
34		-	SJ 1 — Concur President of the Senate
35		-	President Pro Tempore
36		-	Speaker of the House of Representatives
37		-	Date of Passage in Senate _________________
38		-	Date of Passage in House _________________
39		-	SJ 1 — Concur
	106	+	(2)".
	107	+	(Reference is to ESJR 1 as printed March 30, 2023.)
	108	+	JETER
	109	+	SJ 1—SJ 9615/DI 106