Tennessee Constitutional Amendment 1, which expands courts’ ability to deny bail, passes

What This Story Is About

• Tennessee voters passed Amendment 1 on Tuesday, which denies bail to people accused of some of the most violent crimes.

Why It Matters

• The amendment changes how judges decide whether to grant an accused person bond in Tennessee. Currently, the only requirement is to deny bond to accused capital offenders.

What Happens Next

• The Tennessee Constitution is amended.

For Context

• Amendment 1 is the product of a joint resolution initiated by Speaker of the House Cameron Sexton, and was passed by the Tennessee General Assembly by a two-thirds vote, sending it to the general election on Tuesday, November 3.

Catch Up

• Supporters of Amendment 1 believe it will keep kept violent offenders from committing further crimes while out on bond, while opponents worry about the impact on people accused of crimes they didn’t commit.

NASHVILLE, Tenn. (WSMV) - Voters have approved the first of three proposed amendments to the Tennessee Constitution.

The amendment allows courts to hold defendants without bail before trial in certain circumstances. It changes Article I, Section 15 of the Tennessee Constitution and requires courts to state the reasons for the decision on the record.

Amendment 1 focuses on people accused of the following crimes to be withheld before trial:

• An offense punishable by the death penalty
• An act of terrorism
• Second-degree murder
• Aggravated rape of a child
• Aggravated rape
• Grave torture
• Any crime for which a convicted person would be required to serve 85% of their sentence

The state’s constitution already requires the denial of bond for a person accused of a capital offense, which is an offense deemed worthy of the death penalty.

The approval of Amendment 1 means the Tennessee constitution is now changed to reflect the new language and process of the courts.

Amendment 1 was one of three constitutional amendments up for a vote on Tuesday. Here’s a breakdown of the others:

• Amendment 2: A permanent ban on state-imposed property tax - Passed.
• Amendment 3: (Marsy’s Law): An expansion to victims’ rights during the judicial process of the person accused of the crime against them - Passed.