Tennessee is heading toward a high-stakes vote in 2026 that could rewrite how bail works for some of the state’s most serious charges. On November 3, 2026, voters will see a proposed constitutional amendment on the ballot that would remove the right to bail for people accused of certain violent and terror-related crimes. Filed as HJR 49, the measure targets acts of terrorism, second-degree murder, aggravated rape, aggravated rape of a child, grave torture, and other offenses where a convicted person would have to serve at least 85 percent of their sentence before release. Supporters say it is about accountability and public safety. Critics warn that the language is broad, could rope in charges that are not spelled out by name, and might drive up local jail costs.
What the amendment would do
According to the Tennessee General Assembly, HJR 49 would amend Article I, Section 15 of the state constitution to allow judges to deny bail “when the proof is evident or the presumption great” for the listed crimes. It would also apply to any offense where a convicted person could not be released before serving at least 85 percent of the sentence. The change is set to take effect on November 3, 2026, if voters sign off.
The proposal would further require judges or magistrates to put their reasons for granting or denying bail in writing. Adding the measure to the 2026 sample ballot carries a one-time local printing cost of about $9,400, according to the bill’s fiscal note.
Supporters and opponents
Backers in the legislature frame the amendment as a tool to keep clearly dangerous defendants behind bars and to give judges more explicit authority to deny release, as reported by Action News 5. They argue that when the evidence is strong and the charges are among the most serious on the books, there should be no automatic right to bail.
Opponents counter that the catch-all language about crimes requiring at least 85 percent of a sentence could sweep in many offenses that are not explicitly named. They warn that counties could end up holding more people in local jails while they wait for trial, which could increase costs and create additional legal headaches.
Where this fits in Tennessee’s bail debate
The amendment is the latest move in a broader push by state lawmakers to tighten pretrial rules and reduce how much judges can weigh a defendant’s ability to pay when setting bail. Those changes have already triggered lawsuits and fierce public debate, according to Tennessee Lookout. Critics say this new proposal could expand the number of people who are detained before trial beyond what has historically been the norm, while supporters insist judges will still have discretion to consider the facts of each case.
What voters should know
Under Tennessee’s rules for amending the constitution, a proposal has to pass in two separate sessions of the General Assembly before it can land on the ballot. HJR 49 cleared that hurdle and is set to appear for voters on November 3, 2026, as noted by Think Tennessee…