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Tennessee lawmakers propose constitutional amendment to expand judges’ bail discretion

From Fox 17 in Nashville: Tennessee lawmakers voted to amend a part of the Constitution on the books since 1796, the year our state was founded.

From Fox 17 in Nashville: Tennessee lawmakers voted to amend a part of the Constitution on the books since 1796, the year our state was founded.

 

It would give judges wider discretion to keep people accused of serious crimes in jail until trial. However, it won’t happen unless voters sign off.

 

The right to bail is one of the foundations of our justice system. Right now, Tennessee judges can only deny bail in capitol murder cases, but it may not be like that much longer.

 

The state Senate approved a resolution that would give judges expanded discretion to deny bail. Those offenses include: second degree murder, child rape and terrorism.

 

The House took up the resolution Tuesday.

 

“Eighteen states that have this in their constitution. There are eight states that allow no bond at all for these crimes that are enumerated here,” said Rep. Dan Howell, R-Cleveland.

 

Stare Representative John ray Clemmons of Nashville is among those who are concerned.

 

“Amending our state constitution, a provision of which has not been altered or amended since 1796 is simply not the answer,” said Rep. Clemmons.

 

Taking people’s liberty is a real issue. We have to remember that pretrial, people are what? Innocent until proven guilty,” said Rep. Justin Jones.

But it is this argument from state Representative Kip Capley that carried the day.

 

You know who doesn’t become a repeat offender? The one that stays in prison. Those people can’t reoffend,” said Rep. Capley.

This resolution is moving forward but changing the state constitution requires the next General Assembly to agree, and even then, the people have the final say.

 

If lawmakers say yes again next year, this question could be on a statewide ballot in 2026.