| 1 | 1 | | *SJ9601* |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | SENATE JOINT |
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| 4 | 4 | | RESOLUTION No. 9 |
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| 5 | 5 | | _____ |
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| 6 | 6 | | DIGEST OF INTRODUCED RESOL UTION |
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| 7 | 7 | | |
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| 8 | 8 | | Citations Affected: Article 1, Section 17 of the Constitution of the |
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| 9 | 9 | | State of Indiana. |
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| 10 | 10 | | Synopsis: Right to bail. Provides that certain persons charged with a |
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| 11 | 11 | | crime and awaiting trial may be released on bail, but are not entitled to |
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| 12 | 12 | | be released on bail. |
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| 13 | 13 | | Effective: This proposed amendment must be agreed to by two |
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| 14 | 14 | | consecutive general assemblies and ratified by a majority of the state's |
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| 15 | 15 | | voters voting on the question to be effective. |
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| 16 | 16 | | Young M |
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| 17 | 17 | | January 9, 2023, read first time and referred to Committee on Judiciary. |
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| 18 | 18 | | 20231035 |
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| 19 | 19 | | 2023 SJ 9—SJ 9601/DI 106 Introduced |
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| 20 | 20 | | First Regular Session of the 123rd General Assembly (2023) |
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| 21 | 21 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 22 | 22 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 23 | 23 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 24 | 24 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 25 | 25 | | provision adopted), the text of the new provision will appear in this style type. Also, the word |
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| 26 | 26 | | NEW will appear in that style type in the introductory clause of each SECTION that adds a |
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| 27 | 27 | | new provision to the Indiana Code or the Indiana Constitution. |
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| 28 | 28 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 29 | 29 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
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| 30 | 30 | | SENATE JOINT |
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| 31 | 31 | | RESOLUTION No. 9 |
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| 32 | 32 | | A JOINT RESOLUTION proposing an amendment to Article 1, |
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| 33 | 33 | | Section 17 of the Constitution of the State of Indiana concerning |
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| 34 | 34 | | criminal law and procedure. |
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| 35 | 35 | | Be it resolved by the General Assembly of the State of Indiana: |
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| 36 | 36 | | 1 SECTION 1. The following amendment to the Constitution of the |
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| 37 | 37 | | 2 State of Indiana is proposed and agreed to by this, the One Hundred |
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| 38 | 38 | | 3 Twenty Third General Assembly of the State of Indiana, and is referred |
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| 39 | 39 | | 4 to the next General Assembly for reconsideration and agreement. |
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| 40 | 40 | | 5 SECTION 2. ARTICLE 1, SECTION 17 OF THE CONSTITUTION |
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| 41 | 41 | | 6 OF THE STATE OF INDIANA IS AMENDED TO READ AS |
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| 42 | 42 | | 7 FOLLOWS: Section 17. (a) "Bail" means the release of a person |
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| 43 | 43 | | 8 charged with a crime and confined in jail while awaiting trial, |
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| 44 | 44 | | 9 subject to conditions imposed by a court. |
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| 45 | 45 | | 10 (b) "Serious crime" means a felony punishable by a term of |
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| 46 | 46 | | 11 imprisonment of at least three (3) years, regardless of whether a |
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| 47 | 47 | | 12 lesser term may be imposed. |
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| 48 | 48 | | 2023 SJ 9—SJ 9601/DI 106 2 |
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| 49 | 49 | | 1 (c) The purpose of bail is to: |
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| 50 | 50 | | 2 (1) protect the public from harm; |
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| 51 | 51 | | 3 (2) protect any person from harm, including a person charged |
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| 52 | 52 | | 4 with a crime; |
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| 53 | 53 | | 5 (3) reasonably ensure the appearance in court of a person |
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| 54 | 54 | | 6 charged with a crime; and |
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| 55 | 55 | | 7 (4) reasonably ensure that a person charged with a crime does |
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| 56 | 56 | | 8 not commit another crime. |
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| 57 | 57 | | 9 (d) Subject to subsections (e) and (f), every person charged with |
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| 58 | 58 | | 10 a crime is entitled to bail while awaiting trial. |
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| 59 | 59 | | 11 (e) Offenses, other than A person charged with murder or treason |
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| 60 | 60 | | 12 shall be bailable by sufficient sureties. Murder or treason shall not be |
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| 61 | 61 | | 13 bailable, may not be released on bail when the proof is evident, or the |
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| 62 | 62 | | 14 presumption strong. |
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| 63 | 63 | | 15 (f) The following persons charged with a crime and awaiting |
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| 64 | 64 | | 16 trial may be released on bail, but are not entitled to be released on |
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| 65 | 65 | | 17 bail: |
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| 66 | 66 | | 18 (1) A person charged with a serious crime, if the person |
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| 67 | 67 | | 19 allegedly committed the serious crime while awaiting trial for |
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| 68 | 68 | | 20 another crime. |
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| 69 | 69 | | 21 (2) A person charged with a new felony if the person allegedly |
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| 70 | 70 | | 22 committed the new felony while awaiting trial for a serious |
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| 71 | 71 | | 23 crime. |
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| 72 | 72 | | 24 (3) Any person charged with a serious crime, if the court finds |
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| 73 | 73 | | 25 that no conditions of release are reasonably sufficient to: |
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| 74 | 74 | | 26 (A) protect the public from harm; |
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| 75 | 75 | | 27 (B) protect any person from harm, including a person |
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| 76 | 76 | | 28 charged with a crime; |
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| 77 | 77 | | 29 (C) ensure the appearance in court of a person charged |
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| 78 | 78 | | 30 with a crime; or |
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| 79 | 79 | | 31 (D) ensure that a person charged with a crime does not |
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| 80 | 80 | | 32 commit another crime. |
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| 81 | 81 | | 33 (g) The state has the burden of establishing at a bail hearing by |
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| 82 | 82 | | 34 a preponderance of the evidence that a person charged with a |
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| 83 | 83 | | 35 crime is a person described in subsection (e) or (f). |
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| 84 | 84 | | 2023 SJ 9—SJ 9601/DI 106 |
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