Constitutional Amendment #1

How things work now:

Under the current constitution, everyone charged with a crime has a right to be released on bail before trial, except for people accused of a capital offense (a crime that can carry the death penalty).

What the amendment would do:

It would let a judge or magistrate deny bail before trial - keeping the person in jail until their case is resolved - for a specific list of serious charges: a capital offense, an act of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, or any offense for which a convicted person could not be released until serving at least 85% of the sentence. In those cases the judge or magistrate would have to state on the record the reasons for granting or denying bail.

A YES vote would allow judges to deny bail before trial for the listed serious offenses.
A NO vote would keep the current rule, under which bail can be denied only for capital offenses.

Supporters say:

It gives judges a tool to keep people accused of the most serious violent crimes from being released before trial, which they argue protects victims and public safety.

Opponents say:

It erodes the presumption of innocence by holding people who have not been convicted, and could keep more people in jail before trial, raising fairness and jail-population concerns.

Thank you to the LWV of Rutherford County for their explanation.

Find more information at TN SOS