04-03-2025
TN lawmakers consider constitutional amendment removing right to bail for some crimes
KNOXVILLE, Tenn. (WATE) — Tennessee House Joint Resolution 49 is making the rounds in the state legislature. It would amend the Tennessee Constitution Article 1, Section 15 and would remove the right to bail for people charged with certain crimes.
'This is a very significant resolution because everyone is innocent until proven guilty pursuant to the United States Constitution, pursuant to our Tennessee Constitution,' 6 News Legal Analyst Greg Isaacs said.
Knoxville woman faces months-long delay for corrected birth certificates after adopting grandchildren
'What this bill does is changes the standard for certain enumerated offenses rape of a child, second-degree homicide, capital offenses, but there's also a caveat that says any offense that carries an 85% percentage rate would also be modified and that covers a wide open range of criminal offenses,' Isaacs said.
Removing someone's right to bail, could pose challenges to defendants.
'This is a very slippery slope because think about all of the individuals that are overcharged, acquitted. We find out when we look at discovery, things aren't as someone said they were at the beginning,' Isaacs said. 'It lowers the presumption that you're entitled for bail.'
Isaacs believes this resolution could create a financial burden on local law enforcement.
'Think about the burden of the local sheriffs, jails, facilities and if this is successful and the Tennessee constitution is amended. I don't think that the local municipalities and counties in Tennessee currently have the resources to follow it,' Isaacs said.
'These instruments have voices': Memorial features violins that survived the Holocaust
As outlined in Article XI, Section 3, any constitutional amendments must be passed by two consecutive general assemblies—the first by a simple majority and the second by a two-thirds majority. If an amendment passes the legislature, it then moves onto a ballot for referendum. This referendum may only happen during a gubernatorial election year—when Tennesseans choose their next governor.
'It must get 50% of the votes, not over 51% of the people who voted for this resolution, but it would have to passed by over 51% of people that voted in the gubernatorial election,' Isaacs said.
▶ See more top stories on
This proposal is set to be discussed in the Tennessee House Finance Ways and Means subcommittee on Wednesday March 5.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
