NASHVILLE, Tenn. (WTVF) — Tennessee judges could be given more discretion to deny bail for violent crimes. The new proposal was approved by republicans in a senate judiciary committee this week.
The possible change to the Tennessee Constitution could make a significant difference in the state's court system. Senate Majority Leader Jack Johnson out of Franklin proposed the resolution.
"It would improve public safety by keeping violent offenders in police custody," said Johnson.
Currently, judges are only allowed to deny bail on first degree murder charges. Under this proposal a judge could choose to keep people charged with violent offenses like terrorism, second-degree murder, aggravated rape and torture behind bars with no bail until trial.
This is also tied to Tennessee's Truth in Sentencing Law. Under this proposal, a judge would also be able to deny bail to any defendant who, if convicted, would be required to serve 85 percent of their sentence.
Judges could only deny bail when the proof is evident, or the presumption of guilt is great. Judges would be required to put in the defendants record exactly why they're denying bail.
The constitutional amendment would have to pass the legislature twice in two separate general assemblies before going up for a referendum vote during the 2026 Gubernatorial election.
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