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Thursday, October 29, 2026Oct 29

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Bail industry gears up for battle over next Tennessee constitutional amendment

Members of the bail bonds industry are gearing up for a fight over a proposed constitutional amendment that would allow judges to deny bail to some offenders. / Tennessee Lookout Photo by John Partipilo
Members of the bail bonds industry are gearing up for a fight over a proposed constitutional amendment that would allow judges to deny bail to some offenders. / Tennessee Lookout Photo by John Partipilo Members of the bail bonds industry are gearing up for a fight over a proposed constitutional amendment that would allow judges to deny bail to some offenders. / Tennessee Lookout Photo by John Partipilo

Tennessee’s top lawmakers and the bail industry are on a collision course in 2025 as the legislature renews debate on a constitutional amendment designed to keep more criminal defendants in jail until they go to court.

Lawmakers passed a resolution this year increasing the number of offenses for which judges can decline to set bail for pre-trial release, adding an array of charges to first-degree murder, including violent offenses such as aggravated rape and torture. Those would be added to a list of felonies such as burglary set in a 2023 truth-in-sentencing law.

Both chambers will have to pass the same resolution by a two-thirds vote in the upcoming 114th General Assembly before it can go on the next gubernatorial ballot, where it must receive one more vote than a majority voting in the gubernatorial race to change the state constitution.

The resolution is sponsored by Senate Majority Leader Jack Johnson, a Franklin Republican, but also drew strong support this year from House Speaker Cameron Sexton, R-Crossville.

(READ MORE: Tennessee’s bond laws tightens as Hamilton County advocates push for increases in pretrial release from jail)