House Joint Resolution 49, sponsored by Sexton, proposes an amendment to Article I, Section 15 of the Tennessee Constitution concerning 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, the resolution mandates that judges or magistrates must document their reasons for granting or denying bail in such cases.

The proposed amendment will be submitted to the public for a vote during the next general election in November 2026, coinciding with the election of a governor. The Secretary of State is tasked with placing the proposed amendment on the ballot, and the Clerk of the House of Representatives is instructed to deliver copies of the resolution to the Secretary of State, excluding the final resolving clause from those copies.