HB 159
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 24, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 159
SUMMARY OF BILL: Expands the offense of reckless endangerment to include
discharging a firearm or antique firearm into a motor vehicle. Establishes that discharging a firearm
into an occupied vehicle is a Class C felony, while discharging a firearm into an unoccupied vehicle
is a Class D felony.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$84,700
Assumptions:
• Tennessee Code Annotated § 39-13-103(a) establishes that a person commits reckless
endangerment who recklessly engages in conduct that places or may place another person in
imminent danger of death or serious bodily injury.
• Pursuant to § 39-13-103(b):
o Reckless endangerment is a Class A misdemeanor.
o Reckless endangerment committed with a deadly weapon is a Class E felony.
o Reckless endangerment by discharging a firearm or antique firearm into a habitation
is a Class C felony, unless the habitation was unoccupied at the time of the offense,
in which event it is a Class D felony.
o Reckless endangerment by discharging a firearm from within a motor vehicle is a
Class C felony.
o In addition to such authorized penalties, the court shall assess a fine of $50.00.
• The proposed legislation expands the offense of reckless endangerment to include
discharging a firearm or antique firearm into a motor vehicle.
• This analysis assumes a person who commits reckless endangerment by discharging a
firearm or antique firearm into a motor vehicle, pursuant to the proposed language, would
be charged with the Class E felony of reckless endangerment with a deadly weapon under
current law.
Discharging a Firearm into an Occupied Vehicle
• Based on information provided by the Department of Correction, there have been an
average of 82.3 convictions of the Class E felony offense of reckless endangerment with a
deadly weapon in each of the last 10 years.
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• It can be reasonably assumed that 10 percent, or 8.23 (82.3 x 10.0%) of these convictions
involved a discharged firearm into an occupied vehicle.
• After adjusting for pre-trial jail credits, the average time served for a Class C felony of
reckless endangerment is 1.01 years.
• The average time served for reckless endangerment with a deadly weapon is 0.52 years, after
adjusting for pre-trail jail credits.
• Accounting for recidivism rates, the proposed legislation will result in 6.14 admissions
annually serving an additional 0.49 years (1.01 – 0.52).
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
Increase in State Expenditures
Amount Fiscal Year
$ 64,500 FY25-26
$ 67,000 FY26-27
$ 68,100 FY27-28
Discharging a Firearm into an Unoccupied Vehicle
• It can be reasonably assumed that five percent, or 4.11 (82.3 x 5.0%) of these convictions
involved a discharged firearm into an unoccupied vehicle.
• After adjusting for pre-trial jail credits, the average time served for a Class D felony of
reckless endangerment is 0.77 years.
• Accounting for recidivism rates, the proposed legislation will result in 3.06 admissions
annually serving an additional 0.25 years (0.77 – 0.52).
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
Increase in State Expenditures
Amount Fiscal Year
$ 16,200 FY25-26
$ 16,300 FY26-27
$ 16,600 FY27-28
• Pursuant to Public Chapter 1007 of 2022, recurring costs increases are to be estimated on
the highest of the next three fiscal years; therefore, the recurring increase in incarceration
costs will be $84,700 ($68,100 + $16,600).
• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
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• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
• All calculations used in completion of this fiscal note are available upon request.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director