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IN HB1539
Bill
Status
1/17/2019
Primary Sponsor
Ragen Hatcher
Click for details
AI Summary
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Courts must release arrestees without money bail unless clear and convincing evidence shows flight risk or danger to the community, or the arrestee is charged with murder/treason, already on pretrial release for another matter, or under probation/parole/community supervision
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When bail is imposed, the amount must be set at the lowest level necessary based on the defendant's financial circumstances to ensure court appearance and community safety
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Courts must consider Indiana's pretrial risk assessment system results (if available) and other relevant factors before setting or modifying bail
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Amends IC 35-33-8 governing bail procedures, effective July 1, 2019
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Introduced by Representative Hatcher on January 17, 2019 and referred to the Committee on Courts and Criminal Code
Legislative Description
Bail. Prohibits a court from requiring an arrestee to pay bail as a condition of pretrial release, unless: (1) the court finds by clear and convincing evidence that the arrestee is a flight risk or danger to the community; (2) the arrestee is charged with murder or treason; (3) the arrestee is on pretrial release not related to the incident that is the basis for the present arrest; or (4) the arrestee is on probation, parole, or other community supervision. Requires that the amount of bail be the lowest amount required, based on the defendant's financial circumstances, to assure the arrestee's appearance at trial and to protect the community.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/17/2019