1. (a) This section applies only to a person accused of committing one or more of the following offenses:

   1. (1) murder;
   2. (2) capital murder;

   3. (3) aggravated assault if the person:

      1. (A) caused serious bodily injury, as that term is defined by general law, to another; or
      2. (B) used a firearm, club, knife, or explosive weapon, as those terms are defined by general law, during the commission of the assault;
   4. (4) aggravated kidnapping;
   5. (5) aggravated robbery;
   6. (6) aggravated sexual assault;
   7. (7) indecency with a child;
   8. (8) trafficking of persons; or
   9. (9) continuous trafficking of persons.

2. (b) A person to whom this section applies shall be denied bail pending trial if the attorney representing the state demonstrates:

   1. (1) by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court; or
   2. (2) by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense.

3. (c) A judge or magistrate who grants a person bail in accordance with this section shall:

   1. (1) set bail and impose conditions of release necessary only to reasonably:

      1. (A) prevent the person's wilful nonappearance in court; and
      2. (B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and
   2. (2) prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's justification for the grant and the determinations required by this section.

4. (d) This section may not be construed to:

   1. (1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or
   2. (2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.

5. (e) For purposes of determining whether a preponderance of the evidence or clear and convincing evidence, as applicable, exists as described by this section, a judge or magistrate shall consider:

   1. (1) the likelihood of the person's wilful nonappearance in court;
   2. (2) the nature and circumstances of the alleged offense;
   3. (3) the safety of the community, law enforcement, and the victim of the alleged offense; and
   4. (4) the criminal history of the person.
6. (f) At a hearing described by this section, a person is entitled to be represented by counsel.

(Added Nov. 4, 2025.)