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Amendment · every Tennessee voter

Amendment 1: BailLet judges deny bail for more serious crimes

Legislative referral (constitutional amendment): SJR 919 (113th General Assembly) and SJR 25 (114th General Assembly), placed on the ballot by the Legislature as Senate Joint Resolution 25 (2025), first passed as Senate Joint Resolution 919 (2024) . Passes with more YES than NO votes, and YES votes greater than half of all votes cast for governor.

In plain words

Bail is money or a promise that lets an accused person stay out of jail until trial. Today Tennessee's constitution gives almost everyone a right to bail. This amendment adds acts of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any crime where a convicted person must serve at least 85% of the sentence. For those charges, a judge could deny bail "when the proof is evident or the presumption great" (when the evidence of guilt is strong). The judge would not have to deny bail, and would have to write down the reason for granting or denying it. (ballotpedia.org )

Before and after

QuestionTodayIf it passes
Who can be held with no bail before trialOnly people charged with a capital crime, when the proof is strongAlso people charged with terrorism, second-degree murder, aggravated rape, aggravated rape of a child, grave torture, or any crime that requires serving at least 85% of the sentence, when the proof is strong
Who decidesA judge sets bail; it must be offered for non-capital chargesA judge decides; bail can still be granted for the listed crimes
Written reasonsNot required by the constitutionJudge must put the reasons for granting or denying bail in the record for the listed crimes

Numbers from the official ballot title (ballot title ); also see (ballotpedia.org )

Biggest change

Who it affects most: People charged with serious violent felonies and their families, crime victims, judges, and county jails.

Cost to the state: The Fiscal Review Committee note (January 18, 2025) estimates a one-time, mandatory local publication cost of $9,400 in fiscal 2026-27. That covers election publication only; the cost of detention and jail operations is not quantified, and the note does not show it is zero. Critics say counties may need more jail space; no number has been published.

Our plain-words summary. Every line points to its source.

What your vote means

YES

Judges could hold people charged with the listed serious crimes in jail with no bail before trial when the evidence is strong.

NO

Everyone except people charged with a capital crime keeps a right to bail before trial.

Our one-line summary. Tennessee does not publish an official "what your vote means" statement; the ballot title above is the official description.

Why people want it, and why others object

Why this is on the ballot

The Legislature put this on the ballot. It changes the state constitution, so only another statewide vote can change it back. It passes with more YES than NO votes, and YES votes greater than half of all the votes cast in the governor's race.

Why supporters want it

Why opponents object

Who backs each side

In each side's own words where we could find them, quoted or summarized with a link to the source. We don't endorse either side.

What you will see on your ballot

Official ballot wording, word for word (tap to open)

The official ballot title, word for word from the Secretary of State's official amendment wording .

Shall Article I, Section 15 of the Constitution of Tennessee be amended by deleting the following:
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.
and substituting instead the following:
(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.

YES
NO

Official summary by the Attorney General (tap to open)
This amendment changes Article I, section 15 of the Tennessee Constitution by allowing a court to hold a defendant without bail before trial when that defendant is accused of: an offense punishable by the death penalty, an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, or any crime for which a convicted person would be required to serve eighty-five percent of their sentence. This amendment requires courts to state on the record the reasons for their decision to grant or deny bail in those cases.

Latest news

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Full text of the measure

The amendment rewrites Article I, Section 15 of the Tennessee Constitution, which covers bail. Read it in the Secretary of State's constitutional amendment page , or on the Legislature's page for Senate Joint Resolution 25 (2025), first passed as Senate Joint Resolution 919 (2024) , which also shows the votes in each chamber.

Read more

We link to analysis from several sources; we don't endorse it.