Tennessee Vote: Bail Limits, Property Tax Lock, and Victim Rights
Voters on November 3 approved three constitutional changes that restrict pretrial release, block state-level property taxation, and codify new protections for crime survivors.
By Grace Almasi ·
Tennessee voters approved three constitutional amendments on Tuesday, altering the state's legal framework for criminal proceedings and state revenue. The measures passed with relatively wide margins, changing how judges handle bail, how the state manages taxes, and how courts treat victims of crime.
The first amendment expands the list of charges where judges can deny bail before trial. Previously, the Tennessee Constitution granted a right to bail for all accused individuals except those charged with capital offenses. Under the new rule, judges may deny bail for acts of terrorism, second-degree murder, aggravated rape, grave torture, vehicular homicide, and carjacking. The amendment also applies to any offense where a conviction requires serving at least 85 percent of the sentence, though it does not explicitly list those specific crimes. Senate Majority Leader Jack Johnson, a Republican from Franklin, sponsored the measure. Rep. Antonio Parkinson, a Democrat from Memphis, supported the change, citing violent incidents in his district that he believes could have been prevented with broader bail denial powers.
The American Civil Liberties Union of Tennessee opposed the bail amendment. The group argued that pretrial detention can cost the accused a job, housing, family stability, and the ability to help prepare a defense. The opposition highlighted the financial and personal burden placed on individuals who have not yet been convicted.
The second amendment ensures that Tennessee will not impose a state property tax in the future. The state does not currently collect this tax, but the new constitutional provision closes the door on adding it later. Supporters noted that local governments already impose property taxes. Opponents wanted to keep the option open for the state to institute the tax if revenue needs arise.
The third amendment, known as Marsy’s Law, expands the rights of crime victims to a list of 13 specific protections. The proposal is named after Marsalee "Marsy" Nicholas, who was murdered by her ex-boyfriend in 1983. Her family was not notified when the perpetrator was released on bail. The new rights include being present at public criminal proceedings, being free from harassment by the accused, and receiving notification if the accused is released, transferred, or escapes.
The ACLU of Tennessee also opposed the third amendment. The organization stated that the measure unnecessarily replaces current victims' rights in the constitution and could harm those who are wrongfully accused. The amendment now becomes part of the state's foundational legal code following the November 3 vote.
