NASHVILLE, Tenn. — Voters in Nashville, Tenn., and across the state will decide in November whether to rewrite the right to bail in the state constitution, as Amendment 1 appears on the same ballot as the race for governor.
The proposal would edit Article I, Section 15 to allow judges to deny bail for people charged with an act of terrorism, second-degree murder, aggravated rape, aggravated rape of a child, grave torture and any offense that would require a defendant to serve at least 85% of a sentence if convicted. In all, more than 70 crimes would become eligible for no-bail detention.
Under current rules, judges can deny bail only for capital offenses, which in practice means first-degree murder. Judges who allow or deny bail under the amendment would have to state their reasons.
State lawmakers passed the Republican-led proposal in the 2024 and 2025 legislative sessions. Sen. Jack Johnson, R-Franklin, co-sponsored the resolution with House Speaker Cameron Sexton, R-Crossville. Sexton told lawmakers before the final vote that the change would give judges discretion, not require them to deny bail.
Opponents in the legislature raised concerns about jail costs and crowding. Sen. Jeff Yarbro, D-Nashville, said during the session that the measure adds about 73 offenses to the list. The 2025 fiscal note estimated nearly $10,000 to publish the ballot and did not include added jail or court costs.
If voters approve it, Tennessee will join 24 states that have changed right-to-bail language to expand pretrial detention. It is one of three proposed amendments on the Tennessee ballot this fall.
