Rep. Greg Martin
The process to amend Tennessee’s Constitution is longer than passing laws into Tennessee’s Code. Constitutional amendments, filed as Joint Resolutions, need the approval of two General Assemblies. Once approved, it then goes to the ballot box for voters to decide. In this week’s newsletter, I’d like to provide some context to a few proposed constitutional amendments coming to the ballot box next fall.
Prohibiting a State Property Tax
This amendment proposes changing the Tennessee State Constitution to prohibit the state from ever levying or authorizing property taxes. Local governments will still have the authority to impose property taxes. The Tennessee General Assembly repealed the state property tax in 1949 by setting the rate to 0 percent. Since then, the state has primarily relied on sales tax for revenue. Tennessee is among the lowest-taxed states in the nation and collects zero income tax.
Six House Democrats voted against this amendment (Behn, Brooks, Johnson, Jones J., Pearson, Salinas).
Status: The amendment received its first approval in the 113th General Assembly and its second approval this past session. Tennessee voters will decide Nov. 3, 2026.
Read SJR 1
Keeping Violent Offenders in Custody
The amendment will expand the offenses for which a judge can deny bail to include capital offenses, acts of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, and grave torture. It includes people accused of any other offense that requires at least 85 percent time served. Currently, judges may only deny bail for capital offenses. The amendment does not eliminate bail; it gives a judge discretion. SJR 25 also improves transparency in Tennessee’s criminal justice system by requiring judges and magistrates to explain their reasoning behind allowing or denying a defendant’s bail.
Twenty-three states have similar amendments to their constitutions allowing the denial of bail for certain offenses beyond capital offenses (National Council of State Legislators).
Status: The amendment received its first approval in the 113th General Assembly and its second approval this past session. Tennessee voters will decide Nov. 3, 2026.
Read SJR 25
Expanding Victim’s Rights
This amendment would establish clear and enforceable constitutional rights for victims of crime including the rights to be heard, informed, and treated with fairness, dignity and respect through the judicial process. Named after Marsalee Nicholas, Marsy’s Law is part of a nationwide effort to support crime victims and prevent further trauma. Marsy was murdered in 1983 by her ex-boyfriend, who stalked and killed her while she was a student at the University of California at Santa Barbara. Marsy’s family ran into her murderer a week after her death on the way back from her funeral, unaware that he was released on bail. This amendment seeks to ensure traumatic experiences like this never happen to victims in TN.
Status: The amendment received its first approval in the 113th General Assembly and its second approval this past session. Tennessee voters will decide Nov. 3, 2026.
Full List of All Rights Granted Under Marsy’s Law:
The right to be treated with fairness for the victim's safety and dignity.
The right to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused.
The right to be present at all public criminal and all public juvenile delinquency proceedings involving the accused.
The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition and parole, as well as any public proceeding when relevant.
The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender and to be notified upon request of the parole or other release of the offender.
The right to be free from harassment, intimidation and abuse throughout the criminal justice system including reasonable protection as defined by the General Assembly from the accused.
The right upon request to reasonable notice of any release, transfer or escape of the accused or convicted person.
The right to full and timely restitution from the offender.
The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.
The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date.
The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made.
The right upon request to confer with the prosecution.
The right to be fully informed of all rights afforded to crime victims
Read SJR 9