Tennessee State Senate Passes Resolution for Constitutional Amendment Allowing Judges to Deny Bail Outside Capital Crimes

The Tennessee State Senate on Monday passed Senate Joint Resolution (SJR) 25 by State Senate Majority Leader Jack Johnson (R-Franklin), which calls for the Tennessee Constitution to be amended in order to allow judges the option to deny bail to defendants accused of crimes outside capital offenses.

Lawmakers passed the legislation with 23 votes in favor and just six votes against, with opponents consisting of five Democrats and one Republican.

Democratic State Senators Heidi Campbell (D-Nashville), Sara Kyle (D-Memphis), Charlane Oliver (D-Nashville), London Lamar (D-Memphis), and Jeff Yarbro (D-Nashville) were joined by State Senator Todd Gardenhire (R-Chattanooga), who was the sole Republican voting against the resolution.

Additionally, State Senator Kerry Roberts (R-Harlan) voted present, while State Senators Mark Pody (R-Lebanon), Steve Southerland (R-Morristown), and Raumesh Akbari (D-Memphis) did not vote.

Explaining his vote from the Senate floor, Gardenhire cited the potential for costs of female jail facilities to increase under the legislation, receiving support for his fiscal conservatism from Yarbro, while Johnson argued any additional cost would be worthwhile in the name of public safety.

“I respect and appreciate the conversation several members brought up. The issue of cost. Members, our number one issue up here is public safety,” said Johnson, adding that the lawmakers’ job was “to equip the court system with the tools they need to keep our communities safe,” and noting that the resolution had the support of the Tennessee District Attorneys General Conference (TNDAGC).

Amending the Tennessee Constitution requires the General Assembly to pass identical resolutions in support of the proposed amendment during consecutive legislative sessions before voters make the final decision in a referendum, and while last year’s version of the resolution passed handily in the Senate, The Tennessee Star reported last week that some lawmakers were having second thoughts.

State Senator Janice Bowling (R-Tullahoma) said on the Senate floor that she overcame reservations about the resolution upon understanding that Tennessee courts would not be required to deny bail under the proposed constitutional changes, which would leave it to individual judges’ discretion.

While Bowling cited an increased understanding of the resolution, State Senator Rusty Crowe (R-Johnson City) said he personally remained opposed to the proposed changes to the Tennessee Constitution but would vote in favor so that his voters could have their own say at the ballot box next year.

“I would apologize to those that I had told I was not supportive of it, however, I think, in the interest of my constituents, that I’m going to vote for this, so they can have the privilege to vote on this themselves,” said Crowe.

With the Senate resolution passed, lawmakers in the State House must now pass House Joint Resolution (HJR) 49 by Speaker Cameron Sexton (R-Crossville) in order for voters to have the final say.

HJR 49 was deferred to the Constitutional Amendment Calendar by the House Finance, Ways, and Means Subcommittee on March 5. The House Judiciary Committee previously approved it with 17 votes in favor and two against, and the House Criminal Justice Subcommittee advanced it earlier with seven votes in favor and two against. There is no upcoming vote currently scheduled.

If passed by the State House and by Tennessee voters next year, the Volunteer State would join more than 20 other states that allow their judges to deny bail outside of murder cases.

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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].