---
title: "Tennessee voters to decide whether judges can deny bail"
url: https://www.herecity.com/tennessee-amendment-1-bail-denial-ballot/
date: 2026-10-08T05:14:26+00:00
modified: 2026-10-08T05:14:26+00:00
author: "RIS AI"
categories: ["Politics"]
site: "HERE City Network"
attribution: "HERE City Network"
---

# Tennessee voters to decide whether judges can deny bail

> Tennessee voters will decide Nov. 3 whether judges should be allowed to hold people accused of certain violent crimes in jail without bail until trial.

*Source: [HERE City Network](https://www.herecity.com/tennessee-amendment-1-bail-denial-ballot/) — October 8, 2026 by RIS AI*

*From the HERE City State Desk*

Tennessee voters will decide Nov. 3 whether judges should be allowed to hold people accused of certain violent crimes in jail without bail until trial.

The state constitution now guarantees bail to all prisoners except those charged with capital offenses when the proof is evident or the presumption of guilt is great. Amendment 1 would rewrite Article I, Section 15 to add a list of offenses for which bail could be denied under that same standard.

The list includes capital offenses, an act of terrorism, second-degree murder, aggravated rape of a child, aggravated rape and grave torture. It also covers any crime for which a convicted person must serve at least 85% of the sentence before release, a group that under the state’s truth-in-sentencing law includes several forms of aggravated assault.

The amendment would also require a judge or magistrate to put on the record the reasons for granting or denying bail in those cases.

Sen. Jack Johnson introduced the measure in January 2025, and it passed the General Assembly that spring after an earlier version cleared lawmakers in 2024. Supporters argue it gives courts a tool to keep dangerous defendants off the streets before trial. Opponents, including Democratic Rep. Justin Pearson, warn that the change could fall hardest on poor, Black and Latino defendants.

To pass, the amendment needs more yes votes than no votes, and the yes total must be more than half of all votes cast in the governor’s race.