Tennessee Passes Bail Amendment

Tennessee voters approved Amendment 1 on Tuesday, Nov. 3, altering the state constitution to expand the circumstances under which courts can deny bail. The measure modifies Article I, Section 15 of the Tennessee Constitution. It requires judges to provide specific reasons on the record when they decide to hold a defendant without bond before trial.

The amendment targets specific serious offenses. Courts may now deny bail to individuals accused of acts punishable by the death penalty, acts of terrorism, second-degree murder, aggravated rape, aggravated rape of a child, and grave torture. The provision also applies to any crime where a convicted person must serve 85% of their sentence. Previously, the state constitution only mandated the denial of bond for accused capital offenders.

House Speaker Cameron Sexton initiated the measure through a joint resolution. The Tennessee General Assembly passed the proposal by a two-thirds vote, which sent it to the general election. Support for the amendment centers on the belief that it will prevent violent offenders from committing further crimes while awaiting trial. Opponents raised concerns about the impact on individuals accused of crimes they did not commit.

Tennessee voters also decided on two other constitutional amendments in the same election. Amendment 2, which establishes a permanent ban on state-imposed property taxes, passed. Amendment 3, commonly known as Marsy’s Law, also passed. This amendment expands the rights of victims during the judicial process involving the person accused of a crime against them.

The approval of these three measures means the Tennessee Constitution is now formally amended to reflect the new language and processes. The changes take effect immediately upon the approval of the first amendment. No further legislative action is required to enact the new standards for bond decisions.