A Tennessee State Senate resolution took its next step toward changing the Tennessee Constitution, as on Wednesday, SJR 25 was placed on the calendar for the Senate Judiciary Committee to consider next week.
A description of the resolution filed by Senate Majority Leader Jack Johnson (R-Franklin) last month explains that it would modify Article 1, Section 15 of the Constitution of Tennessee to make those likely to be convicted of certain offenses ineligible for bail or other forms of pretrial release.
Offenses that could land accused criminals in bars ahead of trial include acts of terrorism, second-degree murder, aggravated rape of a child, or any other serious offense that would require a prisoner to complete the majority of their sentence.
The legislation would specifically remove language in the Tennessee Constitution that mandates “all prisoners shall be bailable” unless they are charged with a capital offense, when proof of their guilt is evident, or when the presumption of guilt is sufficient to justify pretrial incarceration.
In its place, the resolution would add six crimes that would make an individual ineligible for bail and specify that anyone accused of “Any other offense for which, as of November 3, 2026, a defendant, if convicted, could not be released prior to the expiration of at least eight-five percent of the entire sentence imposed.”
During the previous legislative session, lawmakers approved legislation filed by State Senator Brent Taylor (R-Memphis), which similarly tightened Tennessee’s bail system by prohibiting judges from considering a defendant’s ability to pay when setting a bond amount. That legislation has survived a request for a legal injunction and remains in effect.
The refusal to comply with such legislation provoked a complaint against Shelby County Judge Bill Anderson by Taylor last year, after the judge released a man from jail who was accused of firing a gun at a Memphis FedEx facility, citing the defendant’s inability to afford bail.
Anderson ultimately announced his resignation in January, when the judge confirmed he will permanently leave the judicial bench in March.
This year, lawmakers are additionally set to vote on SB 218 by Taylor and HB 33 by State Representative John Gillespie (R-Memphis), which would establish the presumption that defendants accused of crimes involving firearms or resulting in serious injury or death should not be granted bail.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Works for me.