Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment (2026)
| Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment | |
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| Election date |
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| Topic Bail policy and Criminal trials |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
The Tennessee Remove Right to Bail for Certain Criminal Offenses Amendment is on the ballot in Tennessee as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports amending the constitution to remove the right to bail in cases where the presumption of guilt is great and the defendant is accused of the following offenses:
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A "no" vote opposes amending the constitution to remove the right to bail for specified offenses. |
Overview
How would this amendment change the bail process in Tennessee?
This constitutional amendment would create a list of criminal offenses for which an individual can be denied bail. Bail could only be denied if sufficient proof of the crime is evident or the presumption of the accused individual’s guilt is great.[1] The Tennessee Constitution currently allows judges to deny a defendant bail only in cases of a capital offense. Under the constitutional amendment, non-bailable offenses would include a capital offense, an act of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any other offense for which a convicted individual could not be released before serving at least 85% of their sentence.
The amendment would also require a judge or magistrate to record their reasons for either granting or denying bail in a criminal proceeding where an individual is accused of one of the listed offenses.[1]
What offenses require a convicted individual to serve 85% of their sentence before their release?
In Tennessee, certain criminal offenses fall under the state's Truth in Sentencing Law which requires a convicted individual to serve at least 85% of their sentence before becoming eligible for parole or release.[2] Those offenses include:[3]
- Aggravated assault (involving a deadly weapon, strangulation, or attempted strangulation);
- Aggravated assault that results in serious bodily injury;
- Aggravated assault against a first responder or nurse if the offense involves a deadly weapon, strangulation, or attempted strangulation or results in serious bodily injury or death;
- Aggravated assault against a first responder;
- Voluntary manslaughter;
- Vehicular homicide resulting from a cause other than driver’s intoxication;
- Reckless homicide;
- Aggravated kidnapping;
- Involuntary labor servitude and trafficking persons for forced labor or services;
- Aggravated robbery, burglary, and arson;
- Possession of a firearm during the commission or attempt of a dangerous felony; and
- The manufacture, delivery, or sale of a controlled substance where the offense is classified as a Class A, B, or C felony, and the person has two or more convictions for the manufacture, delivery, or sale of a controlled substance classified as a Class A, B, or C felony prior to or at the time of committing the new offense.
For some offenses, a convicted individual must serve 100% of their sentence without eligibility for parole or early release. Those offenses include:[3]
- Attempted first degree murder;
- Second degree murder;
- Criminally negligent homicide;
- Vehicular homicide resulting from intoxication and aggravated vehicular homicide;
- Especially aggravated kidnapping;
- Especially aggravated robbery and burglary; and
- Carjacking.
What do supporters and opponents of the initiative say?
- See also: Support and Opposition
Supporters of the amendment say it will benefit public safety by keeping dangerous individuals in custody before their trial. Tennessee Voices for Victims Co-Founder Verna Wyatt said, "People are sick of hearing stories about innocent people being killed, raped, or severely injured by someone who's out on bond."[4] State Sen. Jack Johnson (R-27) stated that the amendment would give the courts the tools they need to create a safer society. He said, "Our number one job up here is public safety, and it is to equip our court system with the tools they need to keep our community safe. Unfortunately, they don’t have those tools right now, or all that they need. They’re hamstrung by the constitution."[5]
Jeffrey Clayton of the American Bail Coalition, who opposes the amendment, stated that denying defendants a right to bail will not benefit public safety. He said, "There’s been no academic research that supports the use of preventative detention as a defective crime control policy."[4] State Rep. Justin Pearson (D-86) said, "Judges are imperfect people with their own biases as well that they bring into the courtroom, and there can again be a disproportionate harm on poor folks, a disproportionate harm on Black folks, on Latino folks."[6]
Text of measure
Constitutional changes
The ballot measure would amend Section 15 of Article I of the Tennessee Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
Section 15.
That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great. And the privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it.
(a) All prisoners shall be bailable by sufficient sureties unless for the following when the proof is evident or the presumption great:
- (1) A capital offense;
- (2) An act of terrorism;
- (3) Second degree murder;
- (4) Aggravated rape of a child;
- (5) Aggravated rape;
- (6) Grave torture; and
- (7) Any other offense for which, as of November 3, 2026, a defendant, if convicted, could not be released prior to the expiration of at least eighty-five percent of the entire sentence imposed.
(b) In any case in which bail for an offense listed in subsection (a) is granted or denied before conviction, the judge or magistrate shall place in the record the judge's or magistrate's reasons for granting or denying bail.
(c) The privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it. [7]
Full text
The full text of the ballot measure is available here.
Support
Supporters
Officials
- State Sen. Jack Johnson (R)
- House Speaker Cameron Sexton (R)
Organizations
Arguments
Opposition
Opponents
Officials
- State Sen. Heidi Campbell (D)
- State Sen. London Lamar (D)
- State Sen. Jeff Yarbro (D)
- State Rep. Justin Pearson (D)
Organizations
Arguments
Campaign finance
- See also: Ballot measure campaign finance, 2026
Ballotpedia has not found any campaigns that have registered in support or opposition to this ballot measure.[8] If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Bail in Tennessee
Bail is an amount of money a defendant must pay in order to be released from custody while awaiting their trial. Bail is an assurance that the defendant will attend all required trials. Bail is returned to the defendant after a trial is over. A judge or magistrate determines a proper bail amount to set for a defendant based on their prior court appearances, criminal history, community ties, employment status, and likelihood of appearance in court.[9]
Under the state constitution, all defendants in Tennessee have a right to bail, except in the case of capital offenses. Capital offenses are those punishable by the death penalty. In Tennessee, only murder and aggravated rape of a child are classified as capital offenses.[10] The constitution also states that a judge or magistrate cannot require a defendant to pay bail that is excessive in relation to the crime of which they are accused.
Other bail policy measures on the ballot
In November 2025, Texas voters will decide a constitutional amendment concerning judges' ability to deny bail. In Texas, the only offenses for which a judge can currently deny bail are capital offenses or certain offenses committed while on pretrial release or probation. Under the amendment, bail could also be denied for the following offenses:
- murder;
- aggravated assault resulting in serious bodily injury to the victim or performed with a firearm, club, knife, or explosive;
- aggravated kidnapping, robbery, and sexual assault;
- indecency with a child; and
- human trafficking.
Alabama voters will decide a constitutional amendment concerning bail policy in May 2026. The amendment would expand the state's bail law by adding to the list of crimes for which bail can be denied.[11] Currently, bail can be denied in Alabama for murder, sexual torture, terrorism, aggravated child abuse, as well as kidnapping, rape, sodomy, domestic violence, human trafficking, burglary, arson, and robbery if in the first-degree. The amendment would permit bail to be denied for the following offenses as well:
- shooting or discharging a firearm, explosive, or other weapon into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft; and
- solicitation, attempt, or conspiracy to commit murder.
Bail denial on the ballot
Beginning in 1970, 22 states have granted judges the ability to deny a defendant bail, even if the defendant is not accused of a capital offense. In each state, voters approved a legislatively referred constitutional amendment that permitted the denial of bail.
| State | Date | Title | Yes Vote | No Vote |
|---|---|---|---|---|
| Alabama | 2022 | Amendment 1 | 80.5% | 19.5% |
| New Jersey | 2014 | Public Question 1 | 61.8% | 38.2% |
| Washington | 2010 | HJR 4220 | 84.6% | 15.4% |
| Oregon | 1999 | Measure 71 | 58.0% | 42.0% |
| Pennsylvania | 1998 | Joint Resolution 1 | 72.9% | 27.1% |
| Louisiana | 1998 | Amendment 6 | 68.3% | 31.7% |
| Ohio | 1997 | Bail Restrictions Constitutional Amendment | 72.9% | 27. 1% |
| South Carolina | 1996 | Referendum 1 | 87.1% | 12.9% |
| Vermont | 1994 | Proposal 7 | * | *[12] |
| Oklahoma | 1988 | State Question 612 | 84.4% | 15.6% |
| Mississippi | 1987 | Amendment 6 | 79.8% | 20.2% |
| Illinois | 1986 | Amendment 1 | 77.2% | 22.8% |
| Rhode Island | 1986 | Question 1 | 64.8% | 35.2% |
| Florida | 1982 | Amendment 3 | 60.6% | 39.4% |
| Colorado | 1982 | Amendment No. 2 | 82.5% | 17.5% |
| California | 1982 | Proposition 4 | 82.8% | 17.2% |
| Wisconsin | 1981 | Question 3 | 73.1% | 26.9% |
| New Mexico | 1980 | Constitutional Amendment No. 3 | 64.2% | 35.8% |
| Michigan | 1978 | Proposal K | 83.4% | 16.6% |
| Utah | 1972 | Proposition 2 | 65.6% | 34.4% |
| Arizona | 1970 | Proposition 100 | 84.7% | 15.3% |
| Texas | 1956 | Proposition 8 | 79.2% | 20.8% |
Path to the ballot
Amending the Tennessee Constitution
- See also: Amending the Tennessee Constitution
In Tennessee, the state Legislature must pass a constitutional amendment during two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both legislative chambers. During the second legislative session, a two-thirds vote is required in both legislative chambers. Amendments do not require the governor's signature to be referred to the ballot. In Tennessee, amendments must be placed on general election ballots in which there is also a gubernatorial election.
The required legislative votes per session, assuming no vacancies, are listed below:
| Requirements to refer constitutional amendments in Tennessee | ||||||
|---|---|---|---|---|---|---|
| Session | Requirement | Senate | House | |||
| First | Simple majority vote | 17 | 50 | |||
| Second | Two-thirds vote | 22 | 66 | |||
Senate Joint Resolution 0919 (2024)
State Sens. Paul Rose (R-32), Brent Taylor (R-31), and Jack Johnson (R-57) introduced the constitutional amendment into the Tennessee State Senate as Senate Joint Resolution 0919 on January 31, 2024. The constitutional amendment moved through the legislature between January 31 and April 26.[13]
- March 7, 2024: The state Senate voted 22-6 to pass the amendment.
- April 23, 2024: The Tennessee House of Representatives voted 82-15 to pass the amendment.
| Votes Required to Pass: 17 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 22 | 6 | 2 |
| Total % | 73.3% | 20.0% | 6.6% |
| Democratic (D) | 0 | 5 | 0 |
| Republican (R) | 22 | 1 | 2 |
| Votes Required to Pass: 50 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 82 | 15 | 1 |
| Total % | 83.3% | 15.3% | 1.0% |
| Democratic (D) | 7 | 15 | 1 |
| Republican (R) | 75 | 0 | 0 |
Senate Joint Resolution 25 (2025)
On January 15, 2025, Sen. Jack Johnson introduced the constitutional amendment as Senate Joint Resolution 25 (SJR 25). The constitutional amendment moved through the legislature between January 15 and April 21.[14]
- March 17, 2025: The Tennessee State Senate voted 23-6 to pass the amendment.
- April 21, 2025: The House of Representatives voted 84-10 to pass the amendment.
| Votes Required to Pass: 22 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 23 | 6 | 1 |
| Total % | 76.6% | 20.0% | 3.3% |
| Democratic (D) | 0 | 5 | 0 |
| Republican (R) | 23 | 1 | 1 |
| Votes Required to Pass: 60 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 84 | 10 | 1 |
| Total % | 88.4% | 10.5% | 1.1% |
| Democratic (D) | 13 | 10 | 0 |
| Republican (R) | 71 | 0 | 1 |
How to cast a vote
- See also: Voting in Tennessee
See below to learn more about current voter registration rules, identification requirements, and poll times in Tennessee.
See also
View other measures certified for the 2026 ballot across the U.S. and in Tennessee.
Explore Tennessee's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 Tennessee General Assembly, "SJR 25 Text," accessed May 8, 2025.
- ↑ Tennessee Code Unannotated – Free Public Access, "Tenn. Code Ann. § 40-35-501," accessed May 27, 2025
- ↑ 3.0 3.1 Lannom & Williams Trial Attorneys, "Truth in Sentencing Laws in Tennessee," accessed May 27, 2025
- ↑ 4.0 4.1 News Channel 5 Nashville, "Tennessee lawmakers push for constitutional amendment to restrict bail in violent crime cases," accessed May 27, 2025
- ↑ The Tennessee Star, "Tennessee District Attorneys Say Amendment to Restrict Bail Most ‘Significant,’ ‘Important’ Public Safety Plan in Recent Memory," accessed May 27, 2025
- ↑ Tennessee Lookout, Tennessee voters will decide whether those accused of some felonies lose right to pretrial bail," accessed May 27, 2025
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Tennessee Bureau of Ethics and Campaign Finance, "Registered Referendum Committees 2025," accessed July 21, 2025
- ↑ Brazil Clark PLLC, "How Bail Works in Tennessee," accessed May 8, 2025
- ↑ Kennedy v. Louisiana and the Future of the Eighth Amendment, "Washington and Lee University," accessed May 8, 2025
- ↑ Alabama State Legislature, "SB 118," accessed May 8, 2025
- ↑ Vermont election results are not available at this time. Please contact us at editor@ballotpedia.org with any information on 1994 Vermont election results.
- ↑ Tennessee General Assembly, "SJR 0919," accessed November 18, 2024
- ↑ Tennessee General Assembly, "SJR 25," accessed March 18, 2025
- ↑ LexisNexis, "Tenn. Code Ann. § 2-3-201," accessed July 15, 2025
- ↑ LexisNexis, "Tenn. Code Ann. § 2-7-127," accessed July 15, 2025
- ↑ 17.0 17.1 17.2 Tennessee Secretary of State, "Register to Vote," accessed July 15, 2025
- ↑ National Conference of State Legislatures, "Automatic Voter Registration," accessed July 15, 2025
- ↑ National Conference of State Legislatures, "Same-Day Voter Registration," accessed July 15, 2025
- ↑ Tennessee Secretary of State, "Tennessee Mail-In Application For Voter Registration," accessed July 15, 2025
- ↑ LexisNexis, “Tenn. Code Ann. § 2-2-141,” accessed July 15, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 23.0 23.1 Tennessee Secretary of State, "What ID is required when voting?" accessed July 16, 2025
- ↑ 24.0 24.1 24.2 Tennessee Secretary of State, "Guide on ID Requirements when voting," accessed July 16, 2025
