Bail changes one step closer to Tennessee voters – Washington Examiner
The article discusses a proposed constitutional amendment in Tennessee that would enable judges to deny bail to defendants accused of serious crimes, including second-degree murder and aggravated child rape. The amendment, known as House Joint Resolution 49, has recently passed through the House and Senate Judiciary committees. It is designed to remove the right to bail for certain serious offenses and enforce mandatory incarceration for those convicted of crimes requiring more than 85% of their sentence to be served in prison.
Despite prior approval by the General Assembly, the resolution requires a two-thirds majority from both chambers this session to be placed on the November 2026 ballot. Supporters, such as Rep. Dan Howell, argue that the measure addresses the perceived failures of the justice system, while opponents, like Rep. Jason Powell, express concerns about its potential impact on fair trials and the presumption of innocence for the accused. the committee vote resulted in a 17-2 decision to advance the bill, with some Democrats opposing it. The Senate version of the resolution was also approved by a committee and is being forwarded to the Senate Calendar Committee for further consideration.
Bail changes one step closer to Tennessee voters
(The Center Square) – A proposed constitutional amendment that would allow Tennessee judges to deny bail to defendants for certain crimes cleared the House and Senate Judiciary committees.
The House committee greenlighted House Joint Resolution 49 on Wednesday. It removes the right to bail for serious offenses such as second-degree murder and aggravated rape of a child. The resolution also includes offenses that would require anyone convicted to serve more than 85% of their sentence behind bars.
The General Assembly approved the resolution last year, but it needs two-thirds approval from the chambers this session before it can go on the November 2026 ballot.
“I believe people are tired of the revolving door in our justice system,” said Rep. Dan Howell, R-Cleveland, who presented the bill to the House Judiciary Committee. “I believe they want us to address this.”
Rep. Jason Powell, who did not vote on the bill, raised the issue of people convicted of crimes but then exonerated.
“It’s very important that we have a process where people have access to a fair trial and in some cases, people have access to bail,” Powell said. “To blanket carte blanche label everybody that’s been charged with one of these offenses as guilty before the trial, I think is incorrect.”
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The committee voted 17-2 to move the bill to the House Finance, Ways, and Means Committee. Democrats Gloria Johnson of Knoxville and Gabby Salinas of Memphis voted against the bill.
Senate Joint Resolution passed the Senate Judiciary Committee 6-3 and was referred to the Senate Calendar Committee.
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