Murder; other offenses

Note: This version of section effective 1-1-2027. See also preceding version of this section, effective until 1-1-2027.

Sec. 2. (a) Murder is not bailable if the state proves by a preponderance of the evidence that the proof is evident or the presumption strong.

(b) Offenses other than murder are not bailable if the state proves at a hearing under section 3.7 of this chapter:

(1) by a preponderance of the evidence that the proof is evident or the presumption strong for the charged offense; and

(2) by clear and convincing evidence that:

(A) the arrestee poses a substantial risk to the safety of any other person or the community; and

(B) no conditions of release will reasonably protect the safety of any other person or the community.

(c) In all other cases, offenses are bailable as provided in this chapter.

As added by Acts 1981, P.L.298, SEC.2. Amended by P.L.41-2018, SEC.1; P.L.64-2026, SEC.3.