TBA Law Blog

TBA Law Blog

Constitutional Amendment on Judicial Bail Decisions Clears Judiciary Committees

Posted by: Stacey Shrader Joslin on Feb 27, 2025

Both the state House and Senate Judiciary Committees have passed measures that would amend the state constitution to expand the list of crimes for which judges have discretion to deny bail, the Tennessee Journal reports. Under current law, judges have authority only to decline bail in capital offenses. SJR25, introduced by Sen. Jack Johnson, R-Franklin, passed the Senate Judiciary Committee on Feb. 25, while HJR49, introduced by House Speaker Cameron Sexton, R-Crossville, passed the House Judiciary Committee on Feb. 26. The proposal would allow judges to deny bail on 24 new offenses, mainly violent ones in which 100% of sentences must be served, and another 16 offenses in which 85% of the sentence is mandatory. If considered by the full chambers, the resolutions would have to pass by a constitutional majority in this General Assembly and a two-thirds vote in the 114th General Assembly before being placed on the next gubernatorial ballot. To be adopted by voters, the proposal would have to win a majority of those voting in the governor’s election. According to the Times Free Press, Senate Judiciary Chair Todd Gardenhire, R-Chattanooga, opposes the measure, saying it will pack county jails and put local governments in a financial bind.

Law-Related Blogs AND PODCASTS

Check out other law-related blogs and podcasts generated from the Tennessee legal community or of interest to the Tennessee lawyers.