NASHVILLE, Tenn. (WTVF) — Two fairly simple bills could make monumental changes to the Tennessee Constitution and the state's court system.
Amending Tennessee's Constitution, by design, isn't supposed to be easy. Both of these bills have already passed the 113th General Assembly. It also has to pass in the current 114th General Assembly. After that, the process still isn't over. Then it would be up to the voters, who could vote yes or no on the constitutional referendum during the 2026 Election cycle.
Victim's Bill of Rights
The first bill would let the victims of crimes to request a meeting with prosecutors, pretty much, whenever they'd like to meet. It would also let victims speak up during court proceedings if they wanted to participate.
NewsChannel 5 Legal Analyst, Nick Leonardo, says prosecutors would probably need extra funding and staffing to comply with this change.
"On its face, it seems like a wonderful idea. But if you look at it, and you look closely, it seems as though it’ll be a whole lot more work for the District Attorney’s office," said Leonardo. "It requires resources. OK? And these District Attorneys in Nashville are already overworked."
Currently, the bill doesn't provide that extra funding.
Bond Reform
The other constitutional amendment allows judges to revoke bond for charges involving terrorism, rape and other violent offenses. Currently, the Tennessee Constitution only allows for this in death penalty cases.
"This will reduce the risk of them posing a threat to their victims and others in the community," said Rep. Kip Capley, R-Summertown, during a committee hearing on the bill.
In the 113th General Assembly, when this bill first came through the legislature, representatives for bail bondsmen testified against this move.
"There’s been no academic research that supports the use of preventative detention as a defective crime control policy, in fact there’s a litany of articles that suggest it doesn’t have an impact on crime control policies," said Jeffery Clayton with the American Bail Coalition, when he testified two years ago.
While some other states have passed similar provisions, Leonardo thinks this change could trigger legal challenges. "That runs afoul to the U.S. Constitution as well as the Tennessee Constitution," said Leonardo.
Both bills passed their first hurdle, this legislative session, in the House Criminal Justice Subcommittee.
Do you have more information about this story? You can email me at Chris.Davis@NewsChannel5.com.
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