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