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A proposed constitutional amendment to revoke the right to bail for defendants accused of one of more than 70 different crimes cleared its first hurdle Monday, raising concerns about constitutional rights and prison costs.

The resolution by Senate Majority Leader Jack Johnson (R-Franklin) continues a plan from the last legislative session to amend the Tennessee constitution, allowing judges to decide whether defendants have access to bail if they are accused of certain crimes.

Under the proposed amendment, people accused of six specific violent crimes — or any other crime that requires them to serve at least 85 percent of their sentence if convicted — could have their right to bail revoked by a judge. The 85 percent rule is a standard currently used in deciding which convicted offenders have the right to parole, but it would now be used to deny people bail before they’ve faced trial.

Johnson said that the state’s constitution, which was originally adopted in 1796 but revised in 1835 and 1870, is outdated because the bail system only gives judges this broad authority for capital offenses, which are limited to murder. To fix that, he says, the state needs to broaden judges’ authority on bail.

“Members, our number one job up here is public safety, and it is to equip our court system with the tools they need to keep our community safe,” Johnson said. “Unfortunately, they don’t have those tools right now, or all that they need. They’re hamstrung by the constitution.”

The amendment — which passed both chambers last year during the 2023-2024 session but is required to pass in two separate sessions —  would allow judges to determine whether someone accused of one of these crimes with a preponderance of evidence would be eligible to post bail and remain free as they await trial. It would fall under an individual judge’s discretion but would require each judge to publish their rationale if bail is denied.

Included are several violent crimes like aggravated rape and grave torture, but also crimes with the 85 percent language, which would currently include a total of 73 different charges with varying degrees of threat to public safety and could grow in the future.

Among those charges spelled out in the bill is terrorism, which some lawmakers worry may have too broad of a definition to carry no right to bail.

“It’s such a subjective definition that it’s really alarming,” Sen. Heidi Campbell (D-Nashville) told the Banner Monday after questioning the bill during the vote.

Campbell said by revoking the right to bail for broad swaths of defendants, the state would increase the number of innocent people who spend time in jail.

“It is an extreme and alarming move on our part away from freedom,” Campbell said. “It’s going to create a lot of injustice.”

Other Democrats shared Campbell’s critiques of the amendment and its impact on individual freedoms.

Sen. Todd Gardenhire (R-Chattanooga) said he supported the notion of “locking them up and throwing away the key,” but raised concerns about the increased cost associated with people spending longer in local jails while awaiting trial.

“I’ve heard absolutely nothing from anybody on how we’re going to pay for this when it hits the fan,” Gardenhire said. “Nothing. Crickets.”

Johnson said the cost questions were valid but argued that the number of these serious offenses was small enough that it would not overwhelm the jails.

“This is not going to lead to a massive overrun of our jails,” Johnson said, noting that the Tennessee Sheriff’s Association has endorsed the amendment and that sheriffs are the ones who typically operate local jails.

“They believe the juice is worth the squeeze,” Johnson said.

Sen. Rusty Crowe (R-Johnson City) and Sen. Janice Bowling (R-Tullahoma) both said they had intended to vote against the resolution but ultimately decided to approve it so voters could make the final decision.

“There are so many facts, pro and con, in this that I think this is one of the things that needs to go before the people of the state of Tennessee,” Bowling said.

In the end, 23 Senate Republicans voted in favor of the resolution, while six Democrats and Gardenhire voted against it. Sen. Kerry Roberts (R-Springfield) abstained.

Next, the House will have to approve an identical resolution. If that passes, the amendment will be on the ballot during the next gubernatorial election in 2026. To be ratified, a majority of those who vote in the governor’s race will have to vote in favor of the amendment.

The story was provided courtesy of the Nashville Banner. Sign up for the Nashville Banner’s newsletters here.