Constitutional Amendment 1: Bail

The question on the ballot

Shall Article I, Section 15 of the Constitution of Tennessee be amended by deleting the following: That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or the presumption great. And the privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it. and substituting instead the following: (a) All prisoners shall be bailable by sufficient sureties unless for the following when the proof is evident or the presumption great: (1) A capital offense; (2) An act of terrorism; (3) Second degree murder; (4) Aggravated rape of a child; (5) Aggravated rape; (6) Grave torture; and (7) Any other offense for which, as of November 3, 2026, a defendant, if convicted, could not be released prior to the expiration of at least eighty-five percent of the entire sentence imposed. (b) In any case in which bail for an offense listed in subsection (a) is granted or denied before conviction, the judge or magistrate shall place in the record the judge's or magistrate's reasons for granting or denying bail. (c) The privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the General Assembly shall declare the public safety requires it.[1]

Attorney General's summary (as posted by the Secretary of State): This amendment changes Article I, section 15 of the Tennessee Constitution by allowing a court to hold a defendant without bail before trial when that defendant is accused of: an offense punishable by the death penalty, an act of terrorism, second degree murder, aggravated rape of a child, aggravated rape, grave torture, or any crime for which a convicted person would be required to serve eighty-five percent of their sentence. This amendment requires courts to state on the record the reasons for their decision to grant or deny bail in those cases. WPLN News reports the fiscal note attached to the 2025 legislation gave an estimate of nearly $10,000 for publishing the ballot and did not include estimates of any additional incarceration or court expenses; WPLN also reports the ballot lists six offenses by name while the wider "85 percent" category covers dozens more that are not listed on the ballot. Currently, per the Tennessee Lookout, capital offenses are the only offenses for which defendants have no right to bail.[1][3][5]