Walley Wrap: Proposals to Amend State Constitution Advance
Measures protecting public safety, prohibiting state property taxes, and guaranteeing victims’ rights among those moving forward
By Senator Page Walley
Last week, the Senate advanced three proposals aimed at amending the Tennessee Constitution.
Giving judges more discretion to deny bail for violent crimes
The Senate Judiciary Committee approved a new constitutional proposal which would expand judges’ ability to deny bail for certain violent crimes when it is in the best interest of public safety. Current law limits judges’ ability to deny bail to first-degree murder charges. If ratified by voters, Senate Joint Resolution 919 would allow judges to deny bail for those charged with violent offenses of terrorism, second-degree murder, aggravated rape, and grave torture. It would also allow judges to deny bail for violent offenses that would require the defendant, if convicted, to serve at least 85 percent of their entire sentence under the state’s Truth in Sentencing law.
Under the measure, judges could only deny bail when the proof is evident or the presumption of guilt is great. It also would require judges to place into the record the reason for denying bail.
Prohibiting a state property tax
The Judiciary Committee also advanced another proposed constitutional amendment which would prohibit a state property tax. Tennessee has not had a state property tax since 1949, and House Joint Resolution 81 seeks to ensure that one can never be implemented by a future General Assembly.
Marsy’s Law
A constitutional amendment to guarantee victims of crime have clear and enforceable rights passed the full senate last week to fulfill the first of two required passages before going to voters. House Joint Resolution 94 would add Marsy’s Law to the Tennessee Constitution to support crime victims and prevent further trauma. It aims to give constitutional protections to victims, including the right to be heard, the right to be informed, and the right to be treated with fairness, dignity, and respect through the judicial process.
In order to ratify the constitution, a constitutional amendment must pass the general assembly twice. The first time it must pass with a simple majority voting in favor. The second time it must pass the next General Assembly by a two-thirds majority. Finally, the amendment would become part of the state constitution if the number of yes votes are equal to a majority of the total votes in the next gubernatorial election.
Supporting emergency transport services for TennCare recipients
Improving access to healthcare in our rural communities continues to be a priority for me. An important bill I am sponsoring in the legislature benefits rural ambulance service providers.
Under my bill, Senate Bill 2168, TennCare will be required to reimburse an ambulance service provider servicing TennCare patients at a rate no less than 100 percent of the program’s allowable charge for participating providers. In addition, the bill adds that for-profit ambulance services are eligible to receive emergency medical services equipment grants. I was proud to pass this bill through the Senate Health and Welfare Committee last week.
It is an honor to serve as your state senator. Next week, I look forward to sharing more with you about news and updates in the General Assembly. In the meantime, please continue to reach out to my office on issues of interest and importance at (615) 741-2368 or sen.page.walley@capitol.tn.gov.
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