Tennessee Amendment 1 — Bail: deny bail for certain serious offenses (SJR 919, 113th General Assembly)
Ballot measure · November 3, 2026
- What it does
- 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.
- A YES vote means
- The constitution would allow bail to be denied, when proof is evident or the presumption great, for terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, and other offenses requiring at least 85% of a sentence to be served, and judges would have to record their reasons for granting or denying bail in those cases.
- A NO vote means
- The constitution would keep the current rule that all prisoners are bailable except for capital offenses when proof is evident or the presumption great.
- Needed to pass
- A simple majority
- Put on the ballot by
- the Legislature
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