By Mindy Pickett, Staff Attorney • Office of Court Services
The following are the top changes of interest for judicial officers. Unless otherwise noted, the effective date for these bills is July 1, 2026. For summaries of all new relevant laws, please see the Legislative Update, legislativeupdate.courts.in.gov. Subscribe using the “Subscribe” button at the bottom of the page. All bills that have been signed into law are available at: in.gov/gov/newsroom/2026-bill-watch
Court security
S.E.A. 291, P.L. 139-2026
(effective March 5, 2026)
- A protected individual (including a current or retired judge; current or retired justice, judge, or magistrate of a federal court domiciled in Indiana; spouse, child, or dependent who resides in the same household as an aforementioned individual) or the Office of Judicial Administration on behalf of a protected individual may submit a written request to a public agency to prevent publication of personal information or remove personal information of the protected individual.
- Creates a civil cause of action against a public agency that fails to remove certain personal information of a protected individual and provides for actual damages, punitive damages for willfully refusing to comply, declaratory and injunctive relief, costs, and reasonable attorney’s fees.
- The Indiana Supreme Court and Indiana Court of Appeals may each appoint a court marshal who is required to ensure the safety and security of the courts.
Court administration
Various fiscal matters
S.E.A. 4, P.L. 102-2026
(§ 7, effective March 5, 2026)
The legislative council is urged to assign to the interim study committee on courts and the judiciary the task of undertaking a comprehensive study of all court fees and fines.
Jury duty exemption for women breastfeeding
S.E.A. 139, P.L. 69-2026
A prospective juror may be exempted from jury duty if she is a woman who gave birth within the preceding 365 days; is currently breastfeeding the baby; and wishes to be exempted from jury service.
Various criminal law matters
H.E.A. 1249, P.L.158-2026
(§ 48, effective March 12, 2026)
Public defenders (except for the chief public defender), court personnel, and deputy prosecuting attorneys may not be subject to county residency requirements.
Various judicial matters
H.E.A. 1033, P.L. 76-2026
(effective March 4, 2026; § 25-27 effective July 1, 2026)
- A retired judicial officer may possess and use a firearm in the same locations that a law enforcement officer is authorized to carry a firearm and may not be prohibited from possessing the firearm on land or in a building owned by the state or a political subdivision if the retired judicial officer carries the following items: (1) a photo identification card identifying the person as a retired judicial officer; and (2) evidence that they have completed required firearm training in the last year (see § 25-27 of the bill).
- In a county having a consolidated city, the chair of the local justice reinvestment advisory council must be the chief judge or a judge appointed by the chief judge.
- The Marion County Judicial Selection Committee membership and judicial selection procedure is restructured.
- Various duties, terms, and responsibilities of the Marion County Executive Committee are modified.
- The judge of a circuit court in Marion County has exclusive authority to appoint commissioners and magistrates allocated to the circuit court, and the Marion County Executive Committee has final authority for all employment decisions regarding commissioners and magistrates.
Miscellaneous civil changes
Housing matters
S.E.A. 285, P.L. 138-2026
A law enforcement officer who discovers a person unlawfully using land owned by the state or a political subdivision for unlawful camping, sleeping, or long-term shelter may determine whether there are reasonable grounds for an emergency detention of the person, and if so, may proceed under an emergency detention and not the criminal law.
Military protective order
H.E.A. 1286, P.L. 90-2026
A party to a protective order proceeding has a duty to inform the court of any military protective orders issued and the court may consider evidence of a military protective order in effect against a respondent for the protection of the petitioner.
Operating while intoxicated
Various criminal law matters
H.E.A. 1249, P.L.158-2026
- If a person has one prior operating while intoxicated (OWI) conviction, the court shall order that the person be imprisoned for at least 10 days (current law is 5 days) or perform community service. If a person has two prior OWI convictions, the court shall order the person be imprisoned for 20 days (current law is 10 days) or perform community service.
- A person charged with a misdemeanor may waive the initial hearing.
- A person may apply for specialized driving privileges after an initial hearing.
- Specifies that ignition interlock devices may only be used when the underlying offense is operating while intoxicated resulting from the use of alcohol not controlled substances.
- Adds operation of a motor vehicle with a schedule I or schedule II controlled substance in the blood to the habitual traffic violator statutes.
Specifies that “vehicle,” for purposes of the crime of operating while intoxicated, includes a watercraft, and repeals the separate crime of operating a motorboat while intoxicated.
Bail
Bail procedures
S.E.A. 2, P.L. 64-2026
(effective January 1, 2027)
- Offenses other than murder are not bailable if the state proves: (1) by a preponderance of the evidence that the proof is evident or the presumption strong; and (2) by clear and convincing evidence that the arrestee is dangerous and that no conditions of release will reasonably protect the safety of other persons or the community.
- A court may retain cash bail for the payment of certain costs without an indigency hearing if the defendant has executed an agreement permitting the court to retain the cash bail for these purposes.
- For a charge other than murder, the court is required to hold a bail hearing not later than forty-eight (48) hours from the time of filing, unless doing so is impracticable. The court may grant a continuance of not more than five (5) days, if requested by the arrestee; and not more than three (3) days, if requested by the state. Computation of time does not include Saturday, Sunday, or any day on which a legal holiday is observed for state employees.
Constitutional amendment ballot language
S.E.A. 3, P.L. 4-2026
- The following question will be listed on the 2026 general election ballot as Public Question #1: Currently, under the Constitution of the State of Indiana, a person charged with murder or treason is not entitled to be released on bail if the proof is evident or the presumption strong. Shall the Constitution of the State of Indiana be amended to provide that a person charged with an offense other than murder or treason is not entitled to bail if:
- The proof is evidence or the presumption strong; and
- The state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. (This question concerns Article 1, Section 17 of the Constitution of the State of Indiana.)
- See also S.J.R. 1-2026.
Crimes of Violence
H.E.A. 1258, P.L. 85-2026
- Revises and consolidates the definition of “crime of violence.”
- Amends the definition of “violent offender” to mean a person who is convicted of an offense or attempted offense that is a crime of violence or a person who is charged with an offense or attempted offense that is a crime of violence.
- Amends the definition of “violent arrestee” to mean a person arrested for or charged with a crime of violence that is a Level 1 felony, Level 2 felony, Level 3 felony, Level 4 felony, or Level 5 felony.
Victims’ rights
Victim impact statements
S.E.A. 9, P.L. 66-2026
A defendant is required to be present in the courtroom while a victim makes a statement concerning the crime and the sentence, unless the defendant presents a safety risk or causes a significant disruption. If the defendant fails to appear at sentencing and is later taken into custody, the court may hold a hearing to permit the victim to make a statement.
Redaction of court records
S.E.A. 246, P.L. 129-2026
The names and specified other information of child victims, child witnesses, and certain other persons are required to be redacted in criminal actions. When a name is redacted, an anonymous designator such as “Child Witness No. 1” must be used. The use of the person’s initials or describing the person in terms of a family relationship is prohibited.
Public safety procedures
H.E.A. 1250, P.L. 57-2026
A court and the prosecuting attorney or the prosecuting attorney’s victim assistance program is required to notify a victim of the automated victim assistance notification program. A victim has a right to be informed, upon request, about the progress of the criminal case involving the victim.
Miscellaneous criminal changes
Immigration matters
S.E.A. 76, P.L. 106-2026
A governmental body that has the custody of an individual who is the subject of an immigration detainer request shall provide the judge authorized to grant or deny the individual’s release on bail written notice that the individual is subject to an immigration detainer request. A judge who receives notice is required to ensure that the notice is recorded in the court’s record.
Public safety
S.E.A. 140, P.L. 146-2026
Amends the definition of “threat” in the intimidation statute to include posting a person’s personal information on a social media platform with the intent to cause: (1) bodily injury to the person; (2) damage to the person’s property; or (3) the commission of a crime against the person.
Public safety
S.E.A. 160, P.L. 112-2026
Wearing a mask during the commission of a criminal offense is a sentencing aggravator.
Criminal vandalism
S.E.A. 261, P.L. 132-2026
The crime of “criminal mischief” has been renamed “criminal vandalism.” The crimes (1) institutional criminal mischief; (2) cemetery mischief; (3) railroad mischief; and (4) critical infrastructure facility mischief have been repealed and are now covered under the “criminal vandalism” statute. The new statute preserves the original penalties and defenses.
CHINS, TPR & Delinquency
Family and children matters
S.E.A. 171, P.L. 116-2026
(effective March 5, 2026)
- If a dispositional decree is entered, the court is required to write a formal order with the court’s findings and conclusions, including any specific factors used to determine the child’s best interest.
- The court may not change the placement of a child until the adoption petition is ruled on if the child is the subject of a pending adoption petition; the adoption petitioner is the current placement for the child; and the adoption petitioner has been the child’s placement for at least 12 months (consecutively or nonconsecutively) unless there are substantiated exigent circumstances.
- In a termination of parental rights (TPR) proceeding, the court shall write a formal order with findings of fact and conclusions of law including any specific factors used to determinate the child’s best interest.
Permissible unsupervised activity
H.E.A. 1035, P.L. 20-2026
A child is not a child in need of services solely because a parent, guardian, or custodian allows the child to engage in an independent activity unless the parent, guardian, or custodian is reckless in allowing the child to engage in the independent activity.
Various criminal law matters
H.E.A. 1249, P.L. 158-2026
A child charged with dangerous possession of a firearm may be tried by a juvenile court under certain circumstances.
Child services matters
H.E.A. 1257, P.L. 84-2026
- The statutory limit on the department’s provision of services to a parent, guardian, or custodian of a child who is the subject of a child in need of services (CHINS) petition applies: (1) regardless of whether the child has been removed from the home; (2) regardless of whether the services are provided at the direction of the court or at the direction of the department; and (3) beginning on the date on which the CHINS petition is filed.
- The records of the juvenile court are available without a court order to a state legislator.
Adoptions
Family and children matters
S.E.A. 171, P.L. 116-2026
(effective March 5, 2026)
- The local department of child services (DCS) office is required to provide notice of an adoption petition to the court in which a child in need of services (CHINS) proceeding is open or pending.
- A consent to adoption may be executed or acknowledged at any time after the birth of a child in the presence of an attorney, in person, or by video conferencing.
- A court may grant postadoption contact privileges if the child is at least 12 months of age (see also Child services matters, H.E.A. 1257, P.L. 84-2026).
Child services matters
H.E.A. 1092, P.L. 78-2026
If a child involved in an adoption petition is also the subject of an open or pending CHINS or delinquency proceeding, the adoption petition must state the court where that case is being handled and the case number, if known by petitioner.