Tennessee Senate advances constitutional amendment to allow judges to deny bail
A Republican effort to amend the Tennessee Constitution to allow judges to deny bail to some criminal defendants continues to advance through the General Assembly.
Senate Republicans on Monday gave final sign off to add the constitutional amendment to the 2026 gubernatorial ballot for a full public vote, though the measure still faces several hurdles in the House.
The constitutional amendment would give Tennessee judges the ability to deny pre-trial bail release to defendants charged with certain serious crimes like terrorism, second degree murder and rape. The amendment would apply to dozens of criminal offenses.
The bail reform effort has picked up both bipartisan support and opposition, though Republican leadership in both chambers are pushing hard to get the amendment through this session and on to a full state vote.
Opponents of the effort have argued there is a slippery constitutional slope in keeping a defendant in jail if they haven't yet been found guilty, and others have warned an increase in pre-trial detention could harm already overburdened local jail systems with skyrocketing costs.
"We should think long and hard before we push forward on curtailing the rights of the people we represent," Sen. Jeff Yarbro, D-Nashville, said Monday.
Senate Majority Leader Jack Johnson, R-Franklin, said state courts are currently "hamstrung" by the state Constitution, which currently only allows pre-trial detention for capital offenses.
With a U.S. Supreme Court precedent determining only murder can be considered a capital offense, Johnson said judges' hands are tied if they think defendants charged with a crime like rape would be danger to the community before they go to trial.
"Our No. 1 job up here is public safety," Johnson said. "It's public safety, and to equip our court systems with the tools they need to keep our communities safe."
Sen. London Lamar, D-Memphis, warned Tennesseans could likely see increases in local taxes to pay for the jail space needed. Unlike other bills, there is no clear financial analysis tied to the constitutional amendment. With more defendants held in jail awaiting trial, local communities could bear additional costs.
Sen. Todd Gardenhire, R-Chattanooga, warned his colleagues about the potential for ballooning costs on local governments.
"I've heard nothing from anybody about how we're going to pay for this when it hits the fan. Nothing. Crickets," Gardenhire said, calling hidden costs the "unintended consequence of a good idea." Gardenhire was the sole Republican to vote against the amendment.
Johnson said local authorities like sheriffs and district attorneys have supported the amendment despite potential costs.
"They believe the juice is worth the squeeze," Johnson said.
The Tennessee District Attorneys General Conference last week passed a resolution endorsing the constitutional measure.
"The Tennessee District Attorneys General Conference believes this change to the constitution will enhance public safety, reduce the revolving door of offenders charged with violent and sexual crimes, and will promote greater public confidence in the criminal justice system and the rule of law in this state," the conference said in a statement.
Legal experts have raised concerns about the amendment's vague language, as the amendment voters would see on a state ballot does not list every crime that could be eligible for pre-trial detention. Instead, it references "any other offense" under which a convicted person could not be released before serving at least 85% of a sentence.
Notably, the amendment as written would also allow the legislature to change which offenses qualify in the "any other offense" clause until Nov. 3, 2026. With early voting, this means Tennessee voters could cast a vote for or against the amendment before Nov. 3 and its very definition could be changed by the time polls close.
Jeff Clayton, executive director of the American Bail Coalition, said his organization lobbied House Speaker Cameron Sexton, R-Crossville, last year to eliminate the "85%" offenses or make the language more clear in the amendment. The push to change the wording ultimately did not advance in 2024 and the language was not changed when it was filed this year.
Clayton has been among the most outspoken opponents of the measure, arguing it contradicts an expected presumption of innocence and similar measures have led to skyrocketing costs in states like New Jersey.
"It's not going to fix the crime problem in Tennessee, period," Clayton said. "I don't think anyone has presented any evidence of that. I think throwing in 83 charges is what the Supreme Court would call a scattershot attempt at crime control versus a targeted approach, which is what we support."
The amendment has been a particular interest of Sexton, who has repeatedly pushed for the amendment and unusually sat in on a House Judiciary Committee this session to cast a vote. The speaker rarely openly participates in the committee process, but Sexton directed multiple questions to witnesses in favor of the amendment.
He has also openly admonished the bail industry, which has lobbied against the resolution, in addition to any lawmakers who might be considering opposing the effort.
"If this doesn't pass, the individuals who decide this isn't something they want to vote for are allowing a serial rapist to go free on bail," Sexton said. "You're taking away the ability of the judges to keep the public safe and not giving them the tools to look at that criminal and say it is better to incapacitate them than to have another victim."
Sexton has stressed the amendment wouldn't be a "mandate" on judges, but rather give judges the discretion to restrict pre-trial bail when they deem it prudent.
The amendment has had some bipartisan support. In committee, Rep. G.A. Hardaway, D-Memphis, said he felt the resolution properly balanced the rights of defendants and public safety.
Meanwhile, two Senate Republicans on Monday announced they had changed their mind on the measure. Sen. Rusty Crowe, R-Johnson City, said he felt voters deserved a vote on the issue despite his personal issues with the amendment.
To amend the state Constitution, proposed amendments must be approved by two separate General Assemblies: first by simple majority, and then again after an election year by two-thirds vote. The Senate approved the measure Monday in a 23-6 vote, enough to secure the two-thirds threshold.
The amendment on bail initially passed last year, meaning lawmakers must pass it again this year or in 2026 before it could appear on the November 2026 gubernatorial ballot.
This article originally appeared on Nashville Tennessean: TN Senate advances constitutional amendment to let judges to deny bail
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New York Post
26 minutes ago
- New York Post
Congress to grill Kathy Hochul on NY sanctuary laws — and local GOP offers spicy advice over what questions they should ask
ALBANY – State Republican lawmakers offered advice to their congressional counterparts ahead of Gov. Kathy Hochul testimony on Thursday over sanctuary policies – outlining a list of questions to fling at the Democrat. The GOP legislators sent a letter to House Oversight Committee Chairman James Comer ahead of Hochul's trip to Washington, DC where she'll be grilled by a congressional panel on the Empire State's sanctuary laws. 'Governor Hochul's sanctuary state policies have played a direct role in the ongoing migrant crisis throughout our state, despite bipartisan concern including repeated warnings from New York City Mayor Eric Adams,' Assemblyman Michael Tannousis (R-Staten Island) wrote in the letter, cosigned by various other New York GOP lawmakers. Advertisement 'We believe that Governor Hochul must be held accountable for her failure to reverse the state's sanctuary policies and recklessness with taxpayer dollars,' Tannousis continued. Gov. Kathy Hochul is set to testify on capitol hill Thursday on New York's sanctuary city laws and its handling of the influx of migrants. Hochul is voluntarily appearing before the House committee on Capitol Hill and will testify alongside Minnesota Gov. Tim Walz and Illinois Gov. JB Pritzker. The hearing is scheduled to begin at 10 a.m. Advertisement In their letter, the Republican state lawmakers ask the House Republicans to ask Hochul to outline: Why New York continued to accept migrants during the height of the crisis The vetting process for migrants and concerns about public safety A shady $432 million no-bid contract awarded to DocGo to help mitigate the crisis Her justification for roughly $4 billion the state has spent dealing with migrants Why some municipalities weren't reimbursed with costs associated with the migrants Tannousis said he wants the House Oversight committee to follow through after Hochul's testimony to deliver 'accountability.' The governor has tried to navigate a vague middle ground when it comes to the state's sanctuary policy, which is still based on a 2017 executive order issued by then-Gov. Andrew Cuomo who is now running for mayor of New York City. Advertisement Assemblyman Michael Tannousis and other Albany Republicans wrote a letter to the House panel suggesting areas where they should hammer Hochul. Michael McWeeney Hochul had promised specifics and clarity over her guidance on how New York would work with federal immigration authorities. Instead, her office only provided a list of four broad categories of situations that would trigger state law enforcement to work with the feds, such as if ICE has a judicial warrant or when relevant to investigating another crime committed in New York. Hochul had previously said she was 'happy to go down' to DC for the hearing. 'I'll tell them our policy in the state of New York is not to use state resources, our state police, to enforce the civil infractions,' Hochul said earlier this year.
Politico
31 minutes ago
- Politico
IRA incentive boosters take to the airwaves
Presented by Recycled Materials Association With Daniel Lippman AD BLITZ: Advocacy groups and trade associations continue pouring money into advertising to support various priorities in the reconciliation bill. Two new campaigns launched this week to support the Inflation Reduction Act's clean energy incentives alone. — They include a six-figure ad blitz from Advanced Energy United, a coalition made up of energy stakeholders and tech companies that is targeting Republican senators the group sees as winnable on the issue of protecting the IRA tax credits. — The digital campaign, the details of which were shared exclusively with PI, will target constituents of Sens. Todd Young (Ind.), Tim Scott (S.C.), Dave McCormick (Pa.), Thom Tillis (N.C.) and Jerry Moran (Kan.) with display and Facebook ads touting the economic benefits of the IRA incentives in their respective states. The ads will also run inside the Beltway to target Hill staffers. — The ad buy will be accompanied by a letter campaign from local energy companies urging senators like Sen. John Cornyn (R-Texas) to protect the clean energy incentives. It follows a similar campaign on the House side by the coalition, whose members include NRG, Microsoft, Blink, Rivian, Oracle, Carrier and Ford. — A second new campaign to save the IRA provisions is focused on persuading President Donald Trump (or at least his inner circle). The $2 million ad buy from GOP-led Built for America will run over the next three weeks on platforms closely watched by Trump and his allies, including on Fox News, Truth Social and various conservative podcasts. — The 30-second spot borrows Trump's own language to make the case against gutting the tax credits, contending that 'Trump country is booming' thanks to the incentives, which are helping put 'America first.' — The Association of Equipment Manufacturers is also out with a new nationwide ad buy supporting the reconciliation bill's tax extensions specifically, with a minute-long ad arguing that the bill would keep equipment manufacturers in America by providing certainty to make investments. Happy Wednesday and welcome to PI. Send tips. You can add me on Signal, email me at coprysko@ and be sure to follow me on X: @caitlinoprysko. FIRST IN PI — FLANAGAN'S CORPORATE MONEY FLIP-FLOP: Minnesota Lt. Gov. Peggy Flanagan, who's running for an open U.S. Senate seat, has made rejecting corporate money a major part of her campaign platform. But she accepted millions of dollars in corporate cash on behalf of the Democratic Lieutenant Governors Association when she was its chair, Daniel reports. — Flanagan's launch video said she wouldn't take 'one dime from corporate interests.' In April, she said in a video on X that 'taking corporate money is a choice' and she is 'not taking money from corporations and I never will.' — But Flanagan helped raise more than $2 million in corporate money last year when she was chair of the DLGA. That included half a million dollars from the pharmaceutical industry, almost $300,000 from the tech industry and around $100,000 from the tobacco industry, according to a PI analysis of FEC records. — And even as Flanagan says her campaign won't take corporate cash, NOTUS reported last week that DLGA plans to spend big to support lieutenant governors like Flanagan who are running in open primaries and has already maxed out in direct contributions to her campaign — meaning that at least some of that money could have come from corporations. — Flanagan is facing Rep. Angie Craig (D) in the campaign to fill the Senate seat of Sen. Tina Smith (D), who's retiring. Before joining Congress, Craig, as part of her private-sector job, ran a corporate PAC that gave to many prominent Republicans. Last cycle, she was the 12th-largest recipient among House Democrats of money from corporate PACs, taking $1.3 million from them during that time, according to OpenSecrets. — 'Peggy is the only candidate in this race to reject corporate PAC money,' campaign spokesperson Alexandra Fetissoff said in a statement to PI. 'This is a transparent attempt to distract from Angie Craig's continued funding from big corporations like Elon Musk's SpaceX. People want leaders who are willing to take a stand and make the choice to only be beholden to their constituents. Only Peggy has made that choice.' QUIGLEY CHIEF HEADED DOWNTOWN: Allison Jarus has left the Hill after 12 years to join Arnold & Porter as a policy adviser. Jarus spent the past decade working for Rep. Mike Quigley (D-Ill.), most recently as his chief of staff. — Jarus helped handle Quigley's work on the House Appropriations Committee and was a key architect of the 2021 legislation to increase access for experimental treatments for ALS patients. Before joining Quigley's office, she worked for Rep. Marcy Kaptur (D-Ohio) and former Rep. Tim Ryan (D-Ohio). FLYING SOLO: 'Lobbyists usually run in herds at bipartisan firms, but a slice of K Street takes a lone-wolf approach to the influence game,' Bloomberg's Kate Ackley reports. 'Those who opt to go it alone say it makes for a leaner, more nimble operation, reduces potential client conflicts, and gives them control over how they operate the business.' — 'In good times, a single-lobbyist enterprise can rake in big money that the rainmaker doesn't have to share. But risks abound. … Solo lobbying firms are more vulnerable to the whims of elections, and often rise or fall on which policy fights are hot at the moment. The presidential transition and flip in control of the Senate can ripple into K Street bottom lines, with one-person firms especially susceptible.' — Still, 'more than 50 solo shops reported revenue of $1 million or more last year, according to a Bloomberg Government analysis of federal lobbying disclosures, accounting for nearly $80 million in fees.' INSIDERS, TRADING: 'As markets tanked in the wake of President Trump's 'Liberation Day' tariffs in early April, members of Congress and their families made hundreds of stock trades, shining a spotlight on a controversial practice that some lawmakers have pushed to ban,' according to the Wall Street Journal's Katy Stech Ferek, Jack Gillum, James Benedict and Gunjan Banerji. — 'From April 2, when Trump launched the sweeping tariffs, to April 8, the day before he paused many of them, more than a dozen House lawmakers and their family members made more than 700 stock trades, according to a Wall Street Journal analysis of disclosure filings.' FLY-IN SZN: A handful of health care groups headed to the Hill today, including the Children's Hospital Association, which focused on urging lawmakers to strengthen Medicaid, grow the pediatric health care workforce and address the mental health crisis among youth. Kidney Care Partners also trekked up Pennsylvania Avenue to lobby for improved access and coverage for those with kidney failure. — Advocates with the American Telemedicine Association were in town as well to advocate for the industry's top priorities, which include making permanent various telehealth permissions and expanding coverage for telehealth services, including prescription digital therapeutics and virtual medical nutritionists. The trade group was slated to meet with more than 40 offices on the Hill, including leaders in the House and Senate and on key committees. — And more than 1,000 homebuilders were fanning out across Washington for a fly-in focused on several priorities of the National Association of Home Builders, including loosening energy standards for new homes and addressing workforce shortages. — Tax policy was also expected to be front of mind in the group's more than 250 meetings on the Hill and with the Trump administration: NAHB is pushing for an expanded low-income housing tax credit, fewer SALT cap restrictions and the preservation of clean energy tax credits. — Leaders from the convenience services industry will be on the Hill tomorrow, but the National Automatic Merchandising Association will kick off the fun with a pop-up micro market at tonight's Congressional Baseball Game. SPOTTED at a reception hosted by the Alpine Group celebrating the recent opening of the firm's new Dallas-Fort Worth outpost, per a tipster: Keenan Austin Reed, Barry Brown, Rhod Shaw and Greg Walden of Alpine Group; Pat Shortridge of TrailRunner International; Stewart Hall of PPHC; Reps. Beth Van Duyne (R-Texas), Marc Veasey (R-Texas), Brandon Gill (R-Texas) and Jodey Arrington (R-Texas); Katie Vincentz and Russell Thomasson of Arrington's office; Andrew Leppert of Gill's office; Ryan Dilworth and Brayden Woods of Van Duyne's office; Tasia Jackson of House Minority Leader Hakeem Jeffries' office; Mark Longoria of Rep. Michael Cloud's (R-Texas) office; Matt Esguerra of Rep. Lance Gooden's (R-Texas) office; Karen Navarro of Rep. Monica De La Cruz's (R-Texas) office; Raven Reeder of Del. Eleanor Holmes Norton's (D-D.C.) office; Hayden Upchurch of Rep. Nathaniel Moran's (R-Texas) office; Jianna Covarelli of Cornyn's office; Emily Stipe of Vistra Corp.; Nick D'Angelo of Eaton Corp.; and Drew Wayne of Siemens. Jobs report — Doug Sellers has joined the advisory board at BGR Group. He's a senior counselor at Palantir and was a special assistant to Trump during his first term and served as White House associate staff secretary. — Adam Minehardt is joining Chainlink Labs as head of public policy. He was previously a principal at FS Vector. — Connor Rabb has joined the National Association of Manufacturers as senior director of tax policy. He was previously a legislative assistant for Rep. Randy Feenstra (R-Iowa). — Sabrina Singh is joining Seven Letter as a partner. She most recently was deputy press secretary at the Defense Department and is a Kamala Harris alum. — Tom Corry is joining Rubrum Advising to launch a government affairs practice at the firm. He was most recently managing director of Corry Advisors and was previously assistant secretary for public affairs at HHS and senior adviser to former Centers for Medicare & Medicaid Services Administrator Seema Verma. — Jennifer Short has joined Capital Park Partners as an adviser. She was most recently a senior military assistant to the secretary of Defense in both the Biden and Trump administrations and is an Air Force veteran. — Sam Varie is joining the Australian Embassy as U.S. media and external relations manager. Varie was previously communications director for Rep. Joe Courtney (D-Conn.). — Karina Lubell will be a partner at Brunswick Group. She previously led the competition policy and advocacy section at DOJ's Antitrust Division. — Ashley Moir has launched Ashley Moir Media, a PR company with booking services, media training and comms strategy. She most recently was director of national broadcast operations at Deploy/US and is a former senior booker at Fox News. — Gopal Das Varma is now a vice president at Cornerstone Research. He previously was vice president at Charles River Associates and is a DOJ Antitrust Division alum. — Allison Rivera will be vice president for government and industry affairs at the National Grain and Feed Association. She most recently was executive director of government affairs at the National Cattlemen's Beef Association. — Steven Ferenczy has joined the American Council of Life Insurers as assistant vice president for paid leave policy and implementation. He was previously a first vice president and compliance consultant at Alliant. — Richard Johnson has joined OpenAI as its national security risk mitigation lead, Morning Defense reports. He was previously DOD deputy assistant secretary for nuclear and countering weapons of mass destruction policy. — Joseph Humire is now a deputy assistant secretary of Defense for policy, per MD. He was previously executive director of the Center for a Secure Free Society and a senior fellow at the America First Policy Institute and Heritage Foundation. New Joint Fundraisers Team Coughlin (Coughlin for Congress, One Country, One Destiny PAC) New PACs AMERICANS READY TO WORK PAC (Super PAC) Cohabitate PAC (PAC) Empire State Patriots PAC (PAC) PATIENTS RISING PAC (PAC) Reengineer NJ PAC Inc. (Super PAC) New Lobbying REGISTRATIONS Alston & Bird LLP: Performance Health Atlas Crossing LLC: Trinity University Capitol Counsel LLC: Boviet Solar USa Capitol Resources, LLC: The Federation Of Korean Industries Coreweave, Inc.: Coreweave, Inc. Dc Advocacy, LLC: Konecranes Finland Corp. Dc Advocacy, LLC: Logistec Marine Services Ulc Fgs Global (US) LLC (Fka Fgh Holdings LLC): Six Continents Hotels, Inc. Franklin Square Group, LLC: Fiat Chain Holdings LLC Holland & Knight LLP: Wood Mackenzie Invariant LLC: Oldendorff Carriers USa, Inc. King & Spalding LLP: Lifegift Kyowa Kirin, Inc: Kyowa Kirin, Inc Leavitt Partners, LLC: Orchard Therapeutics North America Mercury Public Affairs, LLC: Novant Health, Inc. Pillsbury Winthrop Shaw Pittman LLP: Flashpoint Intelligence Polsinelli Pc: Clairity, Inc. Resolution Public Affairs, LLC: Jp Morgan Chase Holdings Rutledge Policy Group, LLC: Brownstein (Bhfs, LLP) Obo Apollo Global Management Sorini, Samet & Associates, LLC: Popp Forest Products Inc. Stapleton & Associates, LLC: Intellisense Systems, Inc. Steptoe LLP: Early Warning Services, LLC Stoick Consulting, LLC: Resident Home, Inc. Sullivan Strategies LLC (Fka Sb Capitol Solutions): Vontier Business Services, LLC New Lobbying Terminations Brownstein Hyatt Farber Schreck, LLP: Vector Group Ltd
New York Post
32 minutes ago
- New York Post
Democrats are in the polling dumps — fighting America on this key demand
The Democratic Party has never been more unpopular — yet no Democrat seems to understand why. Some say they're not fighting President Donald Trump hard enough. Others say they aren't messaging their agenda well enough. In reality, they're fighting too hard for an agenda that Americans reject, with a central demand of welfare for all. Thirty-two years after President Bill Clinton promised to 'end welfare as we know it,' no idea unifies the Democratic Party more than the belief that welfare should be never-ending. This vision of government dependency spurred their most notable policies of recent years, and explains their intransigent opposition to Republican reforms. While some Democrats show an increasing willingness to compromise on other leftist priorities, such as biological men in women's sports, the party brooks no dissent on welfare — even though Americans want to fix the system's many failures. Consider the ongoing federal budget battle. House Republicans have put together a reconciliation bill that would slow the rate of Medicaid growth — from a projected 59.6% increase to 40% — over the next decade. Democrats oppose even that, including GOP attempts to end waste, fraud and abuse. Yet the latest federal data show that 22% of Medicaid payments and 12% of food-stamp payments went to ineligible recipients. More than 70% of likely voters want to protect taxpayers from fraud and abuse, polls show, yet Democrats essentially deny there's a problem that needs to be solved. In fact, when the Trump administration proposed a rule in March to end $11 billion in improper ObamaCare subsidies — aiming solely to curtail fraud — Democrats immediately opposed it. Democrats are just as adamant when it comes to work requirements for welfare recipients. My organization, the Foundation for Government Accountability, recently found that six in 10 able-bodied adults on Medicaid don't work at all, hoovering up resources that would benefit the truly vulnerable. When voters in purple Wisconsin were asked two years ago if welfare recipients should work as a condition of receiving benefits, nearly 80% said yes — but national Democrats now say no. They also reject Republican attempts to block Medicaid payments for illegal immigrants, which would save billions of dollars over the next decade. More than 70% of voters don't want illegal immigrants to receive government benefits, yet Democrats bizarrely disagree. But it's not just Congress; Democrats are striking the same strange tune in state capitols. Over the past 10 years, virtually all Republican-led states have taken steps to purge waste, fraud and abuse from welfare programs. By contrast, Democrat-run states have expanded illegal immigrants' access to Medicaid and pushed able-bodied adults onto welfare programs. In recent months, Democratic governors in Kansas and Arizona have vetoed Republican bills that would ban food-stamp purchases of soda and junk food — a reform that could lower state and federal Medicaid spending and encourage healthier choices. Democrats have a long history of supporting restrictions on consumers' options, but as soon as welfare enters the picture, they oppose it. Apparently limiting freedom is fine by them, but limiting federal welfare is unthinkable. The left's unwillingness to support even modest welfare reforms reflects the reality that government dependency is the biggest thing Democrats now offer Americans — even beyond limitless immigration and the Green New Deal. The Affordable Care Act, the central achievement of Barack Obama's presidency, dramatically expanded Medicaid while creating a new welfare system for the individual health-insurance market. Joe Biden enacted a work-destroying child tax credit and sought perpetual expansions of Medicaid and food stamps under the guise of pandemic relief. A slew of Biden regulations made it easier for people to abuse the taxpayer's generosity, from Medicaid to food stamps to free school lunches for rich kids. Democrats' end goal is clear: Get every American on the dole. Yet insisting that government dependency is always the answer means Democrats can't publicly admit that seemingly infinite welfare has any shortcomings. In fact, the left's agenda of welfare-for-all is profoundly harmful, and voters know it. Democrats have built a welfare system that taxpayers can't afford while pushing millions of people out of the workforce — a dual assault on the economic growth. They've left fewer resources for disabled children and the elderly by prioritizing able-bodied adults and illegal immigrants. And they're corrupting the foundational American belief that welfare is temporary assistance whose recipients should work to get back on their feet. No wonder Democrats are so unpopular: They're fleecing taxpayers, crippling the economy, hurting the truly needy and giving handouts to those who don't deserve them — none of which has Americans' support. The first Democrat who wakes up on welfare will be the hero their party desperately needs. Hayden Dublois is data and analytics director at the Foundation for Government Accountability.
