TN 2026 Ballot Guide

Amendments

Amendment 3: Crime victims' rights

Article I, Section 35 of the Tennessee Constitution · Last verified October 13, 2026

Just the facts

Plain-English summary

Tennessee's Constitution has listed rights for crime victims since 1998. This amendment would replace that section with a longer list of 13 rights, adding rights in the parole process, protection from harassment, notice of the offender's minimum sentence and release date, and consideration of safety before release. It also covers juvenile delinquency proceedings. Victims could assert these rights in ways the legislature defines, but the amendment does not limit prosecutors or courts and does not let anyone sue the state for damages. A YES vote adopts the new section; a NO vote keeps the current section.

Official summary (Attorney General)

This amendment changes Article I, section 35 of the Tennessee Constitution by clarifying existing rights for crime victims and adding new rights. The amendment gives victims new rights: to fair treatment; to be informed about and participate in the parole process; to be protected from harassment, intimidation, and abuse; to be informed of the minimum sentence the convicted criminal will serve, as well as their scheduled release date; and to have their safety, their family's safety, and the public's safety taken into account before any decision is made to release the convicted criminal. The amendment also maintains or clarifies victims' existing rights: to be informed about legal proceedings involving the accused or convicted criminal; to be present at public criminal proceedings; to be informed of any release, transfer, or escape of the accused or convicted criminal; to talk to prosecutors; to make statements about conviction, sentencing, or release of the accused person; to a speedy resolution of the case; to restitution from the convicted criminal; and to be informed of their rights. The amendment does not restrict the powers of prosecutors or courts and does not create a cause of action or claim for damages against the State of Tennessee.

Official ballot question

Shall Article I, Section 35 of the Constitution of Tennessee be amended by deleting the section in its entirety and substituting the following: Section 35. That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected: (1) The right to be treated with fairness for the victim's safety and dignity; (2) The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused; (3) The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused; (4) 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 during which a right of the victim is implicated; (5) 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; (6) 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 or any person acting on behalf of the accused; (7) The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person; (8) The right to full and timely restitution from the offender; (9) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence; (10) The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date; (11) 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; (12) The right, upon request, to confer with the prosecution; and (13) The right to be fully informed of all rights afforded to crime victims. A victim may assert the rights enumerated in this section, not as a party, but in the manner further provided by the General Assembly protecting the victim's right to standing. The General Assembly has the authority to enact substantive and procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims by this section. This section must be interpreted to preserve and protect the rights of all persons to due process. This section, or any law enacted under this section, does not create a basis for vacating a conviction. This section does not restrict the powers of the District Attorney General or the inherent authority of the court. Other than as provided in the preceding paragraph, this section does not create a cause of action or claim for damages against the state or a political subdivision of the state; an officer, employee, or agent of the state or of any of its political subdivisions; or an officer or employee of the court.

Verbatim from the Tennessee Secretary of State.

Fiscal note

The Fiscal Review Committee estimates a one-time increase in local government expenditures of $9,400 in FY 2026-27 for the cost of publishing a longer sample ballot. The note does not estimate any other costs. Read the fiscal note.

How the legislature voted

A proposed amendment must pass two consecutive General Assemblies — a majority in the first, two-thirds in the second — before it goes to voters.

ResolutionChamberDateYesNoPresent, not voting
HJR 94 (113th)HouseApril 21, 20239201
HJR 94 (113th)SenateFebruary 22, 20242733
SJR 9 (114th)SenateMarch 3, 20252750
SJR 9 (114th)HouseApril 21, 20259300

Full text of the resolutions

Arguments

Each argument is paraphrased from a published source and shown without saying who made it. Order within each column is shuffled. Why?

Reasons to vote YES

  • Notifications become something a victim asks for, rather than something they must opt out of, so victims who do not want updates are not re-victimized against their wishes.[1]
  • The current right to be heard depends on how the legislature defines a case's "critical stages." This version names the proceedings where victims may be heard: release, plea, sentencing, disposition, and parole.[2] [3]
  • Unlike another state's version, which was used to keep secret the identities of officers who used lethal force, this amendment has no language barring disclosure of victims' records or information. It also states that it does not restrict prosecutors or courts.[1] [3]
  • Victims gain a formal role in parole: the right to be informed, to take part, and to have their own, their family's, and the public's safety considered before an offender is released.[1]
  • The victims' rights added in 1998 have proven inadequate and largely unenforceable in practice. This version gives victims rights they can actually assert, with a process the legislature must create.[1] [4]
  • Defendants' rights are spelled out in detail in the Constitution. Expanding victims' constitutional rights brings them closer to the rights defendants already have and gives victims more equal access to justice.[2] [4]
  • A victim's concern about an attacker's release does not depend on the attacker's age, so these rights should also apply when the offender is a juvenile.[1]
  • When victims know their rights are protected, they are more likely to speak up and stay involved in a case, which helps hold offenders accountable and can help prevent future crimes.[2]

Reasons to vote NO

  • Giving victims constitutional rights inside a criminal case risks undercutting a defendant's due process and increases the potential for wrongful convictions.[2]
  • It is unclear how the state would pay for the extra work these rights could create for courts.[1] [5]
  • Crime victims already have rights in the Tennessee Constitution. The state can improve services for victims and awareness of existing rights without amending the Constitution again.[1] [6]
  • Adding new rights for victims at every stage of a case could erode the presumption of innocence, especially in juvenile cases.[6]
  • Laws can be strengthened year after year, but constitutional text is slow to change. Fixing this list in the Constitution could make it harder to expand victims' rights later and could end up hurting victims.[1] [2]
  • Comparing victims' rights to the rights of the accused is misleading. The accused's protections exist to limit the government's power to arrest, prosecute, and punish.[2] [6]

How an amendment passes. Each amendment is a yes-or-no question listed directly after the governor's race. It passes only if both are true:

  1. it gets more "yes" votes than "no" votes, and
  2. its "yes" votes are more than half of all votes cast in the governor's race.

Because of the second rule, leaving an amendment question blank works against it the same way a "no" vote does. Source: Tennessee Secretary of State.More on how this guide works.

Sources (6)

Listed in numeric order. Numbers match the markers in the text above.

  1. Tennessee Amendment 3 gives voters say on Marsy's Law and expanded crime victim rights (WPLN) — wpln.org, accessed October 13, 2026
  2. Tennessee Marsy's Law Crime Victims Rights Amendment (2026) (Ballotpedia) — ballotpedia.org, accessed October 13, 2026
  3. 2026 proposed constitutional amendments (Tennessee Secretary of State) — sos.tn.gov, accessed October 13, 2026
  4. Tennessee voters to weigh in on crime victims' rights amendment in November election (FOX Chattanooga) — foxchattanooga.com, accessed October 13, 2026
  5. Three State Constitutional Amendments Head to 2026 Ballot (Nashville Scene) — nashvillescene.com, accessed October 13, 2026
  6. What's on the ballot in Tennessee? (ACLU of Tennessee) — aclu-tn.org, accessed October 13, 2026