The landscape of Tennessee's criminal justice system might be reshaped come November 2026, as residents are poised to vote on several constitutional amendments—one of which could significantly alter the state's bail system. According to Nashville Scene, the proposed amendment would strip the right to bail for defendants charged with a variety of serious offenses when "the proof is evident or the presumption is great."
The resolution, HJR 0049, has been passed by the House after a Senate vote. It singles out several crimes including capital offenses, acts of terrorism, second-degree murder, aggravated rape of a child and more. As reported by WSMV, House Speaker Cameron Sexton was a key proponent of the amendment, stating, "We are merely doing this to put it on the ballot for a vote. And letting the people of Tennessee decide for themselves."
While the amendment has garnered bipartisan support, it's not without dissenters. Representative Justin Pearson (D-Memphis), cited fears that judges' discretion could introduce bias against marginalized groups. "Judges are imperfect people with their own biases as well that they bring into the courtroom," Pearson told Tennessee Lookout, implying that such a system could disproportionately harm "poor folks, a disproportionate harm on Black folks, on Latino folks."
Aside from the bail amendment, two other resolutions are also up for a vote. One seeks to cement a perpetual ban on state property taxes, reflecting Tennessee's tradition of no such tax. In a statement obtained by Nashville Scene, Sexton expressed confidence in the state's fiscal history as justification, "In our long history, we've never had one [state property tax], we've had recessions and depressions and inflation and others, and we've never really had to do one." The final resolution focuses on expanding victims’ rights under Marsy's Law. It has passed in the House, though received some critique in the Senate over potential costs to the court system.
All three constitutional amendments are slated to appear on the 2026 gubernatorial ballot, giving Tennesseans the opportunity to shape the framework under which justice and fiscal policy will operate going forward in their state. As reported by WSMV, supporters of the bail amendment like Rep. Dan Howell (R-Cleveland) believe that its passage could "drop 12 percent" of the crime rate, citing the frequency of offenses committed by individuals released on bail.
