Tennessee House Bill HJR0859

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/1/24
• Refer: 2/13/24
• Refer: 2/20/24
• Refer: 4/10/24
• Refer: 4/17/24

Caption

A RESOLUTION to propose an amendment to Article I of the Constitution of Tennessee, relative to bail.

Impact

If passed, HJR0859 would substantially alter the existing framework for bail as outlined in the Tennessee Constitution. By stipulating specific offenses for which bail is not automatically granted, the amendment aims to enhance public safety and ensure that individuals charged with serious crimes are not easily released before trial. This could lead to significant implications for defendants, potentially impacting their rights while also addressing community concerns about crime and safety.

Summary

House Joint Resolution 859 (HJR0859) proposes an amendment to Article I of the Constitution of Tennessee regarding the conditions under which bail may be granted. The resolution seeks to redefine bail provisions, specifically identifying certain offenses that would exclude a defendant from automatic bail eligibility. Among the offenses specified are capital offenses, acts of terrorism, second degree murder, aggravated rape of a child, and aggravated rape. This change underscores a shift in how the state may approach serious crimes and the presumption of innocence regarding bail.

Contention

The proposal is expected to arouse debate among legislators and within the public about the balance between individual rights and societal safety. Proponents may argue that such a measure is necessary to deter crime and protect communities from individuals who pose a significant risk. On the other hand, critics might assert that the amendment could lead to unjust outcomes, disproportionately affecting marginalized groups and undermining the principle of judicial discretion in bail decisions.