NASHVILLE, Tenn. — Tennessee voters will settle three proposed changes to the state constitution this fall, and the questions reach into courtrooms, tax policy and the rights of crime victims across all 95 counties.
The first amendment rewrites Article I, Section 15, which now guarantees bail for people accused of almost any crime. The change would let a judge hold a defendant without bail before trial when the person is accused of an offense punishable by death, an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, or any crime that would require serving 85 percent of the sentence. Judges would have to state on the record why they granted or denied bail in those cases.
Republican-led majorities passed the bail proposal in the 2024 and 2025 legislative sessions, which cleared it for this year’s ballot. If it passes, Tennessee would join 24 states that have amended right-to-bail language in their constitutions to expand pretrial detention.
House Speaker Cameron Sexton, R-Crossville, told lawmakers before the final vote that the measure had support from district attorneys, sheriffs and police chiefs statewide, and that it would give judges discretion rather than require them to deny bail. Opponents, including bail reform advocates and defense lawyers, argue judges already weigh criminal history and community ties, and that the amendment would expand pretrial jailing without making communities safer.
The second amendment adds language to Article II, Section 28 barring the Legislature from imposing a state property tax on real, personal or mixed property. Tennessee has not levied a state property tax since 1949, but nothing in the current constitution prevents one. The ban covers only the state. Counties and cities would keep their own property taxes.
The third amendment replaces Article I, Section 35 with an expanded list of crime victim rights. New protections include fair treatment, a role in the parole process, protection from harassment and intimidation, notice of the minimum sentence an offender will serve and the scheduled release date, and having public safety weighed before any release. The state attorney general summary says the amendment does not restrict prosecutors or courts and does not create a claim for damages against the state. Twelve states, including Georgia, Kentucky and North Carolina, have adopted similar victims’ rights frameworks known as Marsy’s Law.
Passing an amendment takes more than a simple majority. Each one needs more yes votes than no votes, and the yes votes must also exceed half of all votes cast in the governor’s race. The amendments appear on the ballot directly after the candidates for governor.
