Davidson County voters approve three constitutional changes

Davidson County residents voted to change the Tennessee Constitution in three areas during Tuesday’s election. The state approved all three proposed amendments by relatively wide margins. These changes affect criminal procedure, tax policy, and the legal standing of crime victims.

The first amendment expands the situations where judges can deny bail before trial. Previously, the state constitution guaranteed bail for everyone except those charged with a capital offense. Under the new rule, judges can deny bail for accusations of acts of terrorism, second-degree murder, aggravated rape, grave torture, vehicular homicide, and carjacking. It also applies to any offense requiring a convicted person to serve at least 85 percent of their sentence. Senate Majority Leader Jack Johnson of Franklin sponsored the measure. Rep. Antonio Parkinson of Memphis supported the change, citing violent crime in his district that he believes could have been prevented with earlier bail denials.

The second amendment locks in the state’s current tax structure by prohibiting a future state property tax. Tennessee does not currently impose a state property tax, but local governments already collect them. Supporters argued that local rates are sufficient. Opponents wanted to keep the option open for the state to institute such a tax if revenue needs arise in the future.

The third amendment, known as Marsy’s Law, expands victims’ rights to a list of 13 specific protections. This legislation is based on a national campaign named for Marsalee “Marsy” Nicholas, who was murdered by her ex-boyfriend in 1983. Her family was not notified by the judicial system when the perpetrator was released on bail. The new rights include being present and heard at all public criminal proceedings involving the accused. Victims also gain the right to be free from harassment or intimidation by the accused and the right to be notified of the release, transfer, or escape of the accused.

The American Civil Liberties Union of Tennessee opposed both the first and third amendments. The group noted that pretrial detention under the bail changes can cost the accused a job, housing, family stability, and the ability to help prepare a defense. The ACLU also argued that the victims’ rights amendment unnecessarily replaces current protections in the state constitution and would cause harm to those who are wrongfully accused.

Julianne Akers contributed reporting to this story.