Tennessee Voters Approve Amendment Expanding Judicial Power to Deny Bail

Tennessee voters approved a constitutional amendment on Tuesday that gives courts the authority to deny bail for a wider range of violent crimes.

The measure, known as Amendment 1, changes Article I, Section 15 of the state constitution. It expands the current rule, which only requires judges to deny bond to accused capital offenders. Under the new language, judges must now withhold pretrial release for anyone accused of specific serious offenses. The court is also required to state the reasons for the decision on the record.

The amendment originated as a joint resolution introduced by House Speaker Cameron Sexton. The Tennessee General Assembly passed the resolution with a two-thirds vote, sending it to the November general election. Voters cast their ballots on November 3, 2026, to decide the fate of the proposal.

Supporters argued the change would prevent violent offenders from committing further crimes while awaiting trial. Opponents raised concerns that the new standard could affect people accused of crimes they did not commit. The amendment creates a specific list of charges that trigger the mandatory denial of bond.

The list includes offenses punishable by the death penalty and acts of terrorism. It also covers second-degree murder, aggravated rape, and aggravated rape of a child. Grave torture is included, as is any crime where a convicted person would be required to serve 85 percent of their sentence.

Amendment 1 was the first of three constitutional amendments on the ballot. Amendment 2, which proposes a permanent ban on state-imposed property tax, also passed. Amendment 3, known as Marsy’s Law, expands victims’ rights during the judicial process and received voter approval as well. The Tennessee constitution now reflects the new language and processes for all three measures.