TBA Law Blog

TBA Law Blog

Voters to Consider Bail Authority on November Ballot

Posted by: Azya Thornton on Jun 1, 2026
News Type: Election 2026

Tennessee voters are expected to consider a proposed constitutional amendment in November that would expand judges' authority to deny bail before trial in certain serious criminal cases, according to KnoxTNToday. Under current law, most defendants have a constitutional right to bail except in capital cases when the evidence is especially strong. The proposed amendment would allow judges to deny bail in cases involving offenses such as terrorism, second-degree murder, aggravated rape and other serious crimes requiring a convicted defendant to serve at least 85% of a sentence. The measure would not automatically deny bail but would give judges broader discretion to do so after reviewing the facts of a case. The amendment would also require judges and magistrates to publicly explain the reasons for granting or denying bail in qualifying cases. This past spring, the General Assembly approved placing the amendment on the gubernatorial ballot.

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