Tennessees have the option to vote in 2026 for constitutional amendments that allow them to refuse bail for several crimes. (Photo: John Partipilo/Tennessee Lookout)

Tennessee voters will have the power to finalize the state’s constitutional amendments. Removes pretrial bail rights For those accused of committing a particular crime.

The Tennessee House of Representatives voted 84-10 with one abstention on Monday, putting the issue in voters’ hands. It received two-thirds of the Senate approval in March.

This issue will be featured in the governor’s vote on November 3, 2026 and will need to receive a majority vote from participants in the governor’s competition for that election to become law.

The proposed amendments would strip defendants of their right to bail “if the evidence is clear or large.”

These crimes include second-degree murder, acts of terrorism, worsening child rape, vehicle murder, worsening robbery, and third felony of manufacturing, selling or delivering a controlled substance.

The decision to grant bail will be in the hands of the judge.

Tennessee Constitutional Law Currently, we protect the right to bail for all prisoners except for capital crimes (functional, rape of children under the age of 12).

Opponents of the voting measures said it would deny a legitimate process for those who have not been convicted of these crimes.

“We’re deciding who should be in prison, who shouldn’t be in prison, as if our criminal legal system is always perfect,” said Rep. Justin Pearson, a Memphis Democrat. “…taking someone else’s freedom is not a small thing.”

Crossville Republican Chairman Cameron Sexton took the unusual step of sponsoring the resolution and stepping off the day to present it from the well.

Sexton said that at the discretion of the judges applying the law, the removal of bail rights is not automatic.

He also said the proposal would address artificial inflation on bail and the practice of filing accusations to raise bail to the point that defendants are unable to pay and must be jailed before trial. “In my view, we set a uniform playing field between all income levels based on crime,” Sexton said.

Memphis Democrats Ga Hardaway and Antonio Parkinson spoke in support of the voting measure. Parkinson said his constituency was a “sickness” for violent crimes in their communities.

Pearson and Nashville Democrat Vincent Dixie said leaving the defendant’s right to bail at the judge’s discretion would not alleviate concerns.

“Judges are imperfect people with their own biases that bring to court, and there are once again disproportionate harm to the poor, disproportionate harm to the blacks and Latinos,” Pearson said.

Sexton said the idea minimizes confidence in often elected judges.

“You deny bail and keep people… you’ll jail those who are afraid of you going out on the street,” he said. “Everyone else should be on bail. They should give reasonable bail.”

The amendment has been supported by the Tennessee Sheriff’s Association and the Tennessee District Attorney General Meeting.

Pearson agreed that the crimes included in the amendment are heinous.

“But when we talk about safety and protection of people, we have to protect those who are sentenced to prison for not committing the crime they are being charged,” he said.