Bill > HJR0049

This resolution proposes an amendment to the Tennessee Constitution's Article I, Section 15 regarding bail, which would significantly modify existing bail provisions. The proposed amendment would restrict bail for specific serious offenses including capital offenses, terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and certain other crimes where a convicted defendant would serve at least 85% of their sentence. The resolution requires judges to provide written reasons when granting or denying bail for these specified offenses. Additionally, the amendment preserves the existing language about suspending habeas corpus privileges only during rebellion or invasion when the General Assembly declares public safety requires it. The proposed constitutional amendment would be submitted to Tennessee voters during the November 2026 general election, where citizens will decide whether to approve the changes. If approved, this amendment would give judges more discretion in denying bail for serious criminal offenses and provide more transparency in bail decision-making by mandating judicial explanations for bail determinations.

Budget and Finance, Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HJR0049&ga=114