Bail Denial, State Property Tax, Victims’ Rights Amendments Pass

Voters weighed in on three constitutional amendments during Tuesday’s election — all of which passed by a relatively wide margin.

Amendment One

The first amendment on the ballot expands the charges for which a judge can deny bail before trial. 

Sponsored by Senate Majority Leader Jack Johnson (R-Franklin), the first amendment faced pushback from both sides of the aisle as it made its way through the Tennessee General Assembly. However, it also saw support in Rep. Antonio Parkinson (D-Memphis), who cited violent crime in his district that he believes could have been prevented if judges had been able to deny bail.  

Before the amendment’s passage, the Tennessee Constitution stated that all people accused of a crime have the right to bail, aside from those charged with a capital offense. 

Judges can now deny bail for people accused of acts of terrorism, second-degree murder, aggravated rape, grave torture, vehicular homicide and carjacking, as well as any offense that would require that person, if convicted, to serve at least 85 percent of their sentence. Those offenses are not explicitly identified in the amendment. The American Civil Liberties Union of Tennessee opposed the amendment, noting that pretrial detention can cost the accused “a job, housing, family stability, and the ability to help prepare a defense.” 

Amendment Two

Tennessee does not currently impose a state property tax, and following passage of Nov. 3’s second proposed amendment, the state won’t be able to impose one in the future. Supporters of the amendment note that local governments already impose property taxes. However, those opposed to the bill wanted to keep an opening for the government to institute a state property tax if revenue is needed in the future. 

Amendment Three

The third amendment, also known as Marsy’s Law, seeks to expand the rights of victims to a list of 13 rights. It’s based on a national campaign named for Marsalee “Marsy” Nicholas, who was murdered by her ex-boyfriend in 1983, and whose family was not notified by the judicial system when the to-be-convicted perpetrator was released on bail. The list includes the right to be present and heard at all public criminal proceedings involving the accused, the right to be free from harassment or intimidation by the accused, and the right to be notified of the release, transfer or escape of the accused. 

The amendment was opposed by the ACLU of Tennessee, because it unnecessarily replaces current victims’ rights in the Tennessee Constitution and would cause harm to those wrongfully accused. 

Julianne Akers contributed reporting.