New restrictions on bail, victims rights measure and state property tax ban to be on ballot.
Image Credit: John Partipilo/Tennessee Lookout & Canva
***Note from The Tennessee Conservative – this article posted here for informational purposes only.
By Sam Stockard [Tennessee Lookout -CC BY-NC-ND 4.0] –
When Tennessee voters go to the polls in November, they’ll see three constitutional amendment questions on the ballot, two of them dealing with crime and punishment and the other with banning a state property tax.
Republican leaders launched a “Yes on 2” campaign this week to pass the measure prohibiting the state from enacting a property tax, which is to be the second question on the ballot.
Lawmakers and county officials, in addition to representatives of groups such as Tennessee Chamber of Commerce and Farm Bureau of Tennessee, will be leading county campaigns to pass the ban, even though the state hasn’t had one for more than 75 years. Senate members will not receive mileage reimbursement to support the campaign.
But there doesn’t appear to be a similar drive for the other two measures that would change Tennessee’s Constitution.
The first amendment set to appear on the Nov. 3 gubernatorial ballot would remove the right to bail “when the proof is evident or the presumption great” for defendants charged with one of 73 felony crimes requiring at least 85% of the sentence to be served. The decision to set bail would be left to judges in all of those cases.
The third amendment on the ballot will focus on the rights of crime victims, allowing them to be more involved in the judicial process before and after a conviction.
A majority of voters participating in this fall’s gubernatorial election would have to support the amendments to put them in the constitution.
Under the current state constitution, capital crimes – first-degree murder and rape of a child under 12 – are the only offenses for which defendants don’t have a right to bail. The measure on the ballot would strip the right to bail for charges of second-degree murder, terrorist acts, aggravated child rape, vehicular homicide, aggravated burglery, a third felony offense for manufacturing, selling or delivering controlled substances and numerous other offenses.
Republican House Speaker Cameron Sexton sponsored the measure, which had to pass in consecutive sessions and receive a two-thirds vote to go on the ballot. He previously pushed a “truth-in-sentencing” bill to passage, requiring people convicted of a litany of offenses to serve 85% of their sentence, a bill that reversed criminal justice reform efforts of Gov. Bill Lee.
Sexton has said the constitutional amendment would stop violent offenders from making bail and then repeating the offense, in addition to adding “transparency” to cases by requiring judges to explain their reasons for denying or allowing bail.
A spokesman for Sexton did not respond to questions this week. But before a final floor vote in 2025, the House speaker also said the measure could stop the practice of inflating charges and increasing bail to keep defendants in jail until trial.
The Tennessee Association of Professional Bail Agents is concerned about the potential impact of the amendment on the industry and is preparing to mount a campaign against the ballot question.
“We are completely opposed,” said Shelly Alexander, president of the bail agent association.
Critics of the amendment say it will unwind the constitutional guarantee of innocence until proven guilty. Other opponents say it will put a financial burden on counties by requiring them to expand jails.
They also contend the measure could create inequity because judges in different parts of the state could hold different philosophies on setting bail for certain crimes. Another sticking point is that all 73 crimes for which a person could be held without bail won’t be listed on the ballot, leaving voters to make a decision without important information.
The third question on the ballot is designed to protect the rights of crime victims, including the right to fair treatment for “safety and dignity”; reasonable notice of all criminal proceedings involving the defendant; the right to attend all public criminal proceedings involving the accused person; the right to be heard in proceedings dealing with release, plea, sentencing, disposition and parole; the right to be heard and informed on all parole procedures; the right to be free from harassment, intimidation and abuse from the accused; reasonable notice of the release, transfer or escape of the defendant or convicted person; restitution from the offender; a speedy trial and prompt conclusion of the case; the right to be informed of a minimum sentence and a scheduled release date; consideration of the victim’s safety before any parole or post-judgment release is granted; the right to confer with the prosecution; and the right to be fully informed of all rights given to victims of crime.
