Disclaimer: This post is for general informational purposes only and does not constitute legal advice. If you or someone you know is facing a criminal charge, consult a licensed Tennessee attorney immediately.
On November 3, Tennessee voters approved two changes to the state constitution. Both change what happens to a person after an arrest and before trial.
Amendment 1 lets judges keep more people in jail until trial with no bail. Amendment 3, called Marsy’s Law, gives crime victims more say in court, including at bail hearings.
Early results show Amendment 1 passed with about 67% of the vote and Amendment 3 with about 76%. Both take effect once the results are official. Here is what each one does.
Amendment 1: More Charges Where a Judge Can Deny Bail
Until now, the Tennessee Constitution gave almost everyone charged with a crime the right to have bail set. The only exception was a capital offense, which is a crime that can carry the death penalty.
Amendment 1 adds more exceptions. A judge can now refuse to set bail when the evidence is strong and the charge is:
- A capital offense
- An act of terrorism
- Second degree murder
- Aggravated rape or aggravated rape of a child
- Grave torture
- Any crime where a person found guilty must serve at least 85% of the sentence
The judge still gets to choose whether to deny bail. Either way, the judge has to explain the decision on the record.
The 85% list is longer than it sounds
That last item covers a lot of charges. Under Tennessee law (T.C.A. § 40-35-501), people found guilty of certain crimes must serve at least 85% of their sentence before they can be released. That list includes aggravated robbery, aggravated burglary, carjacking, and some types of aggravated assault.
It also includes charges where no one is accused of trying to hurt anyone, such as
reckless homicide and criminally negligent homicide. Some vehicular homicide charges and repeat drug sale charges are on the list too. A person charged with any of these can now be held without bail.
What this means for you or your family
If you or a loved one is charged with one of these crimes, the first bail hearing matters much more than it used to. The State can ask the judge to hold the person in jail until trial. That hearing happens early, often before the defense has seen the evidence.
Waiting in jail for trial can take months, even though the person is still presumed innocent. It can mean losing a job, losing housing, or being away from your children. That is why it helps to talk to a lawyer before the bail hearing happens.
Amendment 3: Marsy’s Law and Victims’ Rights
Tennessee has had a list of victims’ rights in its constitution since 1998. Amendment 3 replaces that list with a longer one. Victims now have the right to:
- Be told about court hearings and attend them,
including in juvenile court
- Ask to speak at hearings about bail, plea deals, sentencing, and parole
- Be protected from harassment by the accused or anyone acting for the accused
- Get full and timely repayment for their losses, called restitution
- Be told the minimum time the person will serve and their release date
- Have their safety considered before any parole or early release
Victims can also ask the court to enforce these rights.
The amendment has limits. It must protect everyone’s right to due process. Prosecutors still decide what charges to bring and what plea deals to offer, and judges still make the final call. The amendment also cannot be used to throw out a conviction.
What this means if you are accused
The alleged victim can now ask to speak at the same bail hearing where a judge decides whether to hold you without bail. The alleged victim can also ask to be heard before a judge accepts a plea deal. These rights now apply in juvenile court as well.
Frequently Asked Questions About Tennessee’s Bail and Victims’ Rights Amendments
Can a judge deny bail in Tennessee now?
Yes, for more charges than before. A judge can deny bail for the crimes listed in Amendment 1 when the evidence is strong, including any crime that requires serving at least 85% of a sentence. For other charges, the right to bail stays the same.
Will everyone charged with these crimes be held without bail?
No. Amendment 1 gives the judge the choice, and the judge has to explain the decision on the record.
Can a victim stop a plea deal or drop the charges?
No. Criminal cases are brought by the State. A victim can ask to be heard before a plea is accepted, and the prosecutor and judge still make the decisions.
Can a conviction be thrown out if a victim’s rights were ignored?
No. Amendment 3 says it does not create a reason to undo a conviction.
The First Hearing Matters More Now
These amendments make the first days of a criminal case more important. Whether someone goes home or waits in jail can now be decided at an early hearing, and the alleged victim may be there asking to speak. If you or a family member has been arrested on a serious charge in Middle Tennessee,
talk to a criminal defense lawyer as soon as you can.
Joey Fuson and
Nick Schulenberg are criminal defense attorneys at Freeman & Fuson in Nashville, Tennessee, handling
felony charges, bail hearings, and juvenile cases across Middle Tennessee. If you or a family member has been charged with a crime, call our office at (615) 298-7272.
This article is intended for general informational purposes and is not legal advice. Every situation is different. Please consult an attorney regarding your specific circumstances.
