Amendment 1: BailLet judges deny bail for more serious crimes
Read the full text of the measure: Secretary of State's constitutional amendment page
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
| Question | Today | If it passes |
|---|---|---|
| Who can be held with no bail before trial | Only people charged with a capital crime, when the proof is strong | Also 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 decides | A judge sets bail; it must be offered for non-capital charges | A judge decides; bail can still be granted for the listed crimes |
| Written reasons | Not required by the constitution | Judge 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
- Adds terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any crime that (as of Nov. 3, 2026) requires serving at least 85% of the sentence to the charges where bail can be denied. source: ballotpedia.org
- Requires the judge or magistrate to put the reasons for granting or denying bail in the record for these charges. source: ballotpedia.org
- Tennessee Lookout counts 73 felonies in the 85% group; a defense lawyer quoted by WSMV puts it at about 60. The list itself is not on the ballot. source: tennesseelookout.com
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
Judges could hold people charged with the listed serious crimes in jail with no bail before trial when the evidence is strong.
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.
- House Speaker Cameron Sexton (R-Crossville) led the push. It ties to Tennessee's "truth-in-sentencing" law, which requires some sentences be served at least 85%. source: tennesseelookout.com
- Amendments must pass two General Assemblies (the second time by two-thirds). Final votes in 2025: Senate 23-6, House 84-10. source: news.ballotpedia.org
Why supporters want it
- House Speaker Cameron Sexton says it would keep violent offenders from posting bail and committing new crimes, and called it a "win for public safety and reducing recidivism across our communities." source: news.ballotpedia.org
- Verna Wyatt, co-founder of Tennessee Voices for Victims: "Every week we hear about a murder or a rape or a violent assault." source: wsmv.com
- State Sen. Jack Johnson (R): "Our number one job up here is public safety." source: ballotpedia.org
- Rep. Antonio Parkinson (D-Memphis) said constituents are "sick" of violent crime. source: tennesseelookout.com
Why opponents object
- Rep. Justin Pearson (D-Memphis): "Taking somebody's liberty is not a small thing" and "Judges are imperfect people with their own biases." source: tennesseelookout.com
- Defense attorney Frank Lannom, former president of the Tennessee Association of Criminal Defense Lawyers, says for each high-profile case of someone on bail, about 100 cases end in dismissal or no jail time. source: wsmv.com
- Shelly Alexander, president of the Tennessee Association of Professional Bail Agents: "We are completely opposed." Critics also say it weakens the presumption of innocence and could make counties expand jails. source: tennesseelookout.com
- Josh Spickler, Just City Memphis: "The Tennessee Constitution is not the problem." source: ballotpedia.org
Who backs each side
- For: House Speaker Cameron Sexton, the Tennessee District Attorneys General Conference, the Tennessee Sheriff's Association, and Tennessee Voices for Victims. Against: the Tennessee Association of Professional Bail Agents (which said it plans a campaign), Just City Memphis, and the American Bail Coalition. Ballotpedia found no registered campaign committees or money for either side. source: ballotpedia.org
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
- Secretary of State: 2026 proposed constitutional amendments
- Tennessee Lookout: three constitutional questions
- WSMV: should judges be allowed to deny bail?
- Ballotpedia: bail amendment
We link to analysis from several sources; we don't endorse it.