Indiana 2024 Regular Session

Indiana House Bill HB1272 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1272
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 35-33-8.
7	7	Synopsis: Bail. Prohibits a court from requiring an arrestee to pay bail
8	8	as a condition of pretrial release, unless: (1) the court finds by clear and
9	9	convincing evidence that the arrestee is a flight risk or danger to the
10	10	community; (2) the arrestee is charged with murder or treason; (3) the
11	11	arrestee is on pretrial release not related to the incident that is the basis
12	12	for the present arrest; or (4) the arrestee is on probation, parole, or
13	13	other community supervision. Requires that the amount of bail be the
14	14	lowest amount required, based on the defendant's financial
15	15	circumstances, to assure the arrestee's appearance at trial and to protect
16	16	the community.
17	17	Effective: July 1, 2024.
18	18	Hatcher
19	19	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
20	20	2024 IN 1272—LS 6410/DI 106 Introduced
21	21	Second Regular Session of the 123rd General Assembly (2024)
22	22	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
23	23	Constitution) is being amended, the text of the existing provision will appear in this style type,
24	24	additions will appear in this style type, and deletions will appear in this style type.
25	25	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
26	26	provision adopted), the text of the new provision will appear in this style type. Also, the
27	27	word NEW will appear in that style type in the introductory clause of each SECTION that adds
28	28	a new provision to the Indiana Code or the Indiana Constitution.
29	29	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
30	30	between statutes enacted by the 2023 Regular Session of the General Assembly.
31	31	HOUSE BILL No. 1272
32	32	A BILL FOR AN ACT to amend the Indiana Code concerning
33	33	criminal law and procedure.
34	34	Be it enacted by the General Assembly of the State of Indiana:
35	35	1 SECTION 1. IC 35-33-8-3.2, AS AMENDED BY P.L.205-2023,
36	36	2 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	3 JULY 1, 2024]: Sec. 3.2. (a) After considering the results of the Indiana
38	38	4 pretrial risk assessment system (if available), other relevant factors, and
39	39	5 bail guidelines described in section sections 3.8 and 4 of this chapter,
40	40	6 a court may admit a defendant to bail and impose any of the following
41	41	7 conditions to assure the defendant's appearance at any stage of the legal
42	42	8 proceedings, or, upon a showing of clear and convincing evidence that
43	43	9 the defendant poses a risk of physical danger to another person or the
44	44	10 community, to assure the public's physical safety:
45	45	11 (1) Require the defendant to:
46	46	12 (A) execute a bail bond with sufficient solvent sureties;
47	47	13 (B) deposit cash or securities in an amount equal to the bail;
48	48	14 (C) execute a bond secured by real estate in the county, where
49	49	15 thirty-three hundredths (0.33) of the true tax value less
50	50	16 encumbrances is at least equal to the amount of the bail;
51	51	17 (D) post a real estate bond; or
52	52	2024 IN 1272—LS 6410/DI 106 2
53	53	1 (E) perform any combination of the requirements described in
54	54	2 clauses (A) through (D).
55	55	3 If the court requires the defendant to deposit cash or cash and
56	56	4 another form of security as bail, the court may require the
57	57	5 defendant and each person who makes the deposit on behalf of the
58	58	6 defendant to execute an agreement that allows the court to retain
59	59	7 all or a part of the cash to pay publicly paid costs of
60	60	8 representation and fines, costs, fees, and restitution that the court
61	61	9 may order the defendant to pay if the defendant is convicted.
62	62	10 Before execution of the agreement, the defendant or person who
63	63	11 makes the deposit on behalf of the defendant shall be advised that,
64	64	12 upon conviction of the defendant, the court may retain from the
65	65	13 cash deposited as bail all or a part of the cash to pay publicly paid
66	66	14 costs of representation and fines, costs, fees, and restitution that
67	67	15 the court may order the defendant to pay if the defendant is
68	68	16 convicted. The defendant must also pay the fee required by
69	69	17 subsection (d).
70	70	18 (2) Require the defendant to execute:
71	71	19 (A) a bail bond by depositing cash or securities with the clerk
72	72	20 of the court in an amount not less than ten percent (10%) of
73	73	21 the bail; and
74	74	22 (B) an agreement that allows the court to retain all or a part of
75	75	23 the cash or securities to pay fines, costs, fees, and restitution
76	76	24 that the court may order the defendant to pay if the defendant
77	77	25 is convicted.
78	78	26 A portion of the deposit, not to exceed ten percent (10%) of the
79	79	27 monetary value of the deposit or fifty dollars ($50), whichever is
80	80	28 the lesser amount, may be retained as an administrative fee. The
81	81	29 clerk shall also retain from the deposit under this subdivision
82	82	30 fines, costs, fees, and restitution as ordered by the court, publicly
83	83	31 paid costs of representation that shall be disposed of in
84	84	32 accordance with subsection (b), and the fee required by
85	85	33 subsection (d). In the event of the posting of a real estate bond,
86	86	34 the bond shall be used only to insure the presence of the
87	87	35 defendant at any stage of the legal proceedings, but shall not be
88	88	36 foreclosed for the payment of fines, costs, fees, or restitution. The
89	89	37 individual posting bail for the defendant or the defendant
90	90	38 admitted to bail under this subdivision must be notified by the
91	91	39 sheriff, court, or clerk that the defendant's deposit may be
92	92	40 forfeited under section 7 of this chapter or retained under
93	93	41 subsection (b).
94	94	42 (3) Impose reasonable restrictions on the activities, movements,
95	95	2024 IN 1272—LS 6410/DI 106 3
96	96	1 associations, and residence of the defendant during the period of
97	97	2 release.
98	98	3 (4) Except as provided in section 3.6 of this chapter, require the
99	99	4 defendant to refrain from any direct or indirect contact with an
100	100	5 individual and, if the defendant has been charged with an offense
101	101	6 under IC 35-46-3, any animal belonging to the individual,
102	102	7 including if the defendant has not been released from lawful
103	103	8 detention.
104	104	9 (5) Place the defendant under the reasonable supervision of a
105	105	10 probation officer, pretrial services agency, or other appropriate
106	106	11 public official. If the court places the defendant under the
107	107	12 supervision of a probation officer or pretrial services agency, the
108	108	13 court shall determine whether the defendant must pay the pretrial
109	109	14 services fee under section 3.3 of this chapter.
110	110	15 (6) Release the defendant into the care of a qualified person or
111	111	16 organization responsible for supervising the defendant and
112	112	17 assisting the defendant in appearing in court. The supervisor shall
113	113	18 maintain reasonable contact with the defendant in order to assist
114	114	19 the defendant in making arrangements to appear in court and,
115	115	20 where appropriate, shall accompany the defendant to court. The
116	116	21 supervisor need not be financially responsible for the defendant.
117	117	22 (7) Release the defendant on personal recognizance unless:
118	118	23 (A) the state presents evidence relevant to a risk by the
119	119	24 defendant:
120	120	25 (i) of nonappearance; or
121	121	26 (ii) to the physical safety of the public; and
122	122	27 (B) the court finds by a preponderance of the evidence that the
123	123	28 risk exists.
124	124	29 (8) Require a defendant charged with an offense under IC 35-46-3
125	125	30 to refrain from owning, harboring, or training an animal.
126	126	31 (9) Require a defendant to participate in a mental health referral
127	127	32 program under IC 33-23-18.
128	128	33 (10) Impose any other reasonable restrictions designed to assure
129	129	34 the defendant's presence in court or the physical safety of another
130	130	35 person or the community.
131	131	36 (b) Within thirty (30) days after disposition of the charges against
132	132	37 the defendant, the court that admitted the defendant to bail shall order
133	133	38 the clerk to remit the amount of the deposit remaining under subsection
134	134	39 (a)(2) to the person who made the deposit. The portion of the deposit
135	135	40 that is not remitted to the person who made the deposit shall be
136	136	41 deposited by the clerk in the supplemental public defender services
137	137	42 fund established under IC 33-40-3.
138	138	2024 IN 1272—LS 6410/DI 106 4
139	139	1 (c) For purposes of subsection (b), "disposition" occurs when the
140	140	2 indictment or information is dismissed or the defendant is acquitted or
141	141	3 convicted of the charges.
142	142	4 (d) Except as provided in subsection (e), the clerk of the court shall:
143	143	5 (1) collect a fee of five dollars ($5) from each bond or deposit
144	144	6 required under subsection (a)(1); and
145	145	7 (2) retain a fee of five dollars ($5) from each deposit under
146	146	8 subsection (a)(2).
147	147	9 The clerk of the court shall semiannually remit the fees collected under
148	148	10 this subsection to the board of trustees of the Indiana public retirement
149	149	11 system for deposit in the special death benefit fund. The fee required
150	150	12 by subdivision (2) is in addition to the administrative fee retained under
151	151	13 subsection (a)(2).
152	152	14 (e) With the approval of the clerk of the court, the county sheriff
153	153	15 may collect the bail posted under this section. The county sheriff shall
154	154	16 remit the bail to the clerk of the court by the following business day
155	155	17 and remit monthly the five dollar ($5) special death benefit fee to the
156	156	18 county auditor.
157	157	19 (f) When a court imposes a condition of bail described in subsection
158	158	20 (a)(4):
159	159	21 (1) the clerk of the court shall comply with IC 5-2-9; and
160	160	22 (2) the prosecuting attorney shall file a confidential form
161	161	23 prescribed or approved by the office of judicial administration
162	162	24 with the clerk.
163	163	25 (g) The clerk of the court shall record the name, address, and bail
164	164	26 agent license number, if applicable, of the bail agent or a person
165	165	27 authorized by the surety posting bail for the defendant in the county
166	166	28 court electronic case management system.
167	167	29 SECTION 2. IC 35-33-8-3.8, AS ADDED BY P.L.187-2017,
168	168	30 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169	169	31 JULY 1, 2024]: Sec. 3.8. (a) A court shall consider the results of the
170	170	32 Indiana pretrial risk assessment system (if available) before setting or
171	171	33 modifying bail for an arrestee.
172	172	34 (b) If the court finds, based on the results of the Indiana pretrial risk
173	173	35 assessment system (if available) and other relevant factors, that an
174	174	36 arrestee does not present a substantial risk of flight or danger to the
175	175	37 arrestee or others, the court shall consider releasing release the arrestee
176	176	38 without money bail or surety, subject to restrictions and conditions as
177	177	39 determined by the court, unless one (1) or more of the following apply:
178	178	40 (1) The arrestee is charged with murder or treason.
179	179	41 (2) The arrestee is on pretrial release not related to the incident
180	180	42 that is the basis for the present arrest.
181	181	2024 IN 1272—LS 6410/DI 106 5
182	182	1 (3) The arrestee is on probation, parole, or other community
183	183	2 supervision.
184	184	3 The court is not required to administer an assessment before releasing
185	185	4 an arrestee if administering the assessment will delay the arrestee's
186	186	5 release.
187	187	6 SECTION 3. IC 35-33-8-3.9, AS ADDED BY P.L.187-2017,
188	188	7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
189	189	8 JULY 1, 2024]: Sec. 3.9. (a) If the court determines that an arrestee is
190	190	9 to be held subject to money bail, the court is authorized, subject to
191	191	10 section 4 of this chapter, to determine the amount of bail and whether
192	192	11 the bail may be satisfied by surety bond or cash deposit.
193	193	12 (b) The court may set and accept a partial cash payment of the bail
194	194	13 upon conditions set by the court, including the arrestee's agreement
195	195	14 (and the agreement of a person who makes a cash payment on behalf
196	196	15 of an arrestee, if applicable) that all court costs, fees, and expenses
197	197	16 associated with the proceeding shall be paid from the partial payment.
198	198	17 (c) If the court authorizes the acceptance of a cash partial payment
199	199	18 to satisfy bail, the court shall first secure the arrestee's agreement (and
200	200	19 the agreement of a person who makes a cash payment on behalf of an
201	201	20 arrestee, if applicable) that, in the event of failure to appear as
202	202	21 scheduled, the deposit shall be forfeited and the arrestee must also pay
203	203	22 any additional amounts needed to satisfy the full amount of bail plus
204	204	23 associated court costs, fees, and expenses.
205	205	24 SECTION 4. IC 35-33-8-4, AS AMENDED BY P.L.187-2017,
206	206	25 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
207	207	26 JULY 1, 2024]: Sec. 4. (a) The court shall order the amount in which
208	208	27 a person charged by an indictment or information is to be held to bail,
209	209	28 and the clerk shall enter the order on the order book and indorse the
210	210	29 amount on each warrant when issued. If no order fixing the amount of
211	211	30 bail has been made, the sheriff shall present the warrant to the judge of
212	212	31 an appropriate court of criminal jurisdiction, and the judge shall
213	213	32 indorse on the warrant the amount of bail.
214	214	33 (b) Bail may not shall be set higher than that at the lowest amount
215	215	34 reasonably required to assure the defendant's appearance in court or to
216	216	35 assure the physical safety of another person or the community, based
217	217	36 on the defendant's financial circumstances, and may be imposed
218	218	37 only if the court finds setting bail is necessary to assure the
219	219	38 defendant's appearance in court or if the court finds by clear and
220	220	39 convincing evidence that the defendant poses a risk to the physical
221	221	40 safety of another person or the community. In setting and accepting an
222	222	41 amount of bail, the judicial officer shall consider the bail guidelines
223	223	42 described in section 3.8 of this chapter and take into account all facts
224	224	2024 IN 1272—LS 6410/DI 106 6
225	225	1 relevant to the risk of nonappearance, including:
226	226	2 (1) the length and character of the defendant's residence in the
227	227	3 community;
228	228	4 (2) the defendant's employment status and history and the
229	229	5 defendant's ability to give bail;
230	230	6 (3) the defendant's family ties and relationships;
231	231	7 (4) the defendant's character, reputation, habits, and mental
232	232	8 condition;
233	233	9 (5) the defendant's criminal or juvenile record, insofar as it
234	234	10 demonstrates instability and a disdain for the court's authority to
235	235	11 bring the defendant to trial;
236	236	12 (6) the defendant's previous record in not responding to court
237	237	13 appearances when required or with respect to flight to avoid
238	238	14 criminal prosecution;
239	239	15 (7) the nature and gravity of the offense and the potential penalty
240	240	16 faced, insofar as these factors are relevant to the risk of
241	241	17 nonappearance;
242	242	18 (8) the source of funds or property to be used to post bail or to pay
243	243	19 a premium, insofar as it affects the risk of nonappearance;
244	244	20 (9) that the defendant is a foreign national who is unlawfully
245	245	21 present in the United States under federal immigration law; and
246	246	22 (10) any other factors, including any evidence of instability and
247	247	23 a disdain for authority, which might indicate that the defendant
248	248	24 might not recognize and adhere to the authority of the court to
249	249	25 bring the defendant to trial.
250	250	2024 IN 1272—LS 6410/DI 106