House Joint Resolution 49, sponsored by Representative Sexton, proposes an amendment to Article I, Section 15 of the Tennessee Constitution regarding bail provisions. The resolution seeks to modify the existing language to specify that all prisoners are bailable by sufficient sureties, except for certain serious offenses where the proof is evident or the presumption is great. These offenses include capital offenses, acts of terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and any other offense for which a defendant could not be released prior to serving at least eighty-five percent of their sentence as of November 3, 2026. Additionally, judges or magistrates must document their reasons for granting or denying bail in such cases.

The resolution also maintains that the privilege of the writ of Habeas Corpus shall not be suspended unless declared necessary by the General Assembly during times of rebellion or invasion. If approved, this proposed amendment will be submitted to the voters during the November 2026 general election, and the Secretary of State is tasked with placing it on the ballot. The resolution has already been agreed upon by a majority of both houses of the Tennessee General Assembly and has been published in accordance with constitutional requirements.