Constitutional Amendments - Proposes an amendment to Article I, Section 15 of the Constitution of Tennessee to remove the right to bail for the following offenses when the proof is evident or the presumption great: act of terrorism; second degree murder; aggravated rape of a child; aggravated rape; grave torture; and any other offense, as of November 3, 2026, for which a defendant, if convicted, could not be released prior to the expiration of at least 85 percent of the entire sentence imposed. -

HJR 49 proposes amending Tennessee's constitution to restrict bail for specific serious crimes. It would eliminate the right to bail for defendants charged with terrorism, second-degree murder, aggravated rape (including of children), grave torture, or other offenses where a conviction would require serving at least 85% of the sentence before release. This change would apply when evidence is strong or the presumption of guilt is high. The amendment requires judges to document bail decisions for these cases and must be approved by voters in the 2026 election. It directly affects individuals charged with these offenses before trial.