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SJR 25

Constitutional Amendments - Proposes an amendment to Article I, Section 15 of the Constitution of Tennessee to remove the right to bail for the following offenses when the proof is evident or the presumption great: act of terrorism; second degree murder; aggravated rape of a child; aggravated rape; grave torture; and any other offense, as of November 3, 2026, for which a defendant, if convicted, could not be released prior to the expiration of at least 85 percent of the entire sentence imposed. -

114th Regular Session (2025-2026)

Tennessee constitutional amendment removes bail rights for terrorism, murder, rape, torture, and crimes with 85%-sentence minimums upon probable cause.

Signed by H. Speaker
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Bill Summary · SJR 25

Legislative bill overview

This proposed constitutional amendment would remove the right to bail for individuals accused of specific serious crimes—including terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any offense carrying a mandatory minimum of 85% of sentence before release eligibility. The amendment modifies Article I, Section 15 of Tennessee's Constitution, which currently protects bail rights for most defendants.

Why is this important

Bail determines whether accused individuals remain free before trial, directly affecting their ability to work, care for family, and prepare a legal defense. This amendment would create a category of defendants entirely ineligible for bail based on their charges, fundamentally altering pretrial release protections in Tennessee. The "proof evident or presumption great" standard means judges would deny bail without requiring conviction, based solely on evidence of guilt.

Potential points of contention

  • Due process concerns: Denying bail pre-conviction for broad offense categories may conflict with fundamental fairness principles, as bail traditionally applies regardless of crime severity when proof is not yet established
  • Scope of "85 percent" trigger: The provision automatically captures any future crimes with 85% minimum sentences, potentially expanding bail denial beyond the specifically named offenses without legislative review
  • Disparate impact: These serious crimes may disproportionately affect certain demographic groups, raising questions about whether bail denial policies should receive constitutional elevation rather than remain in statutory law subject to regular reassessment

Compiled from official sources — confirm details with the bill’s official record.

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