HB 190
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 20, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 190
SUMMARY OF BILL: Decreases, from 0.20 percent to 0.15 percent, the minimum alcohol
concentration (BAC) in a person’s blood or breath at the time of the offense, as it relates to
aggravated vehicular assault and aggravated vehicular homicide.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$9,900
Assumptions:
Vehicular Assault enhanced to Aggravated Vehicular Assault
• Pursuant to Tenn. Code Ann. § 39-13-106(a), a person commits the Class D felony offense
of vehicular assault who, as the proximate result of the person’s intoxication, recklessly
causes serious bodily injury to another person by the operation of a motor vehicle or vessel
subject to registration.
• Pursuant to Tenn. Code Ann. § 55-10-401(2), it is unlawful for any person to drive or to be
in physical control of any automobile or other motor driven vehicle with a BAC of 0.08
percent or more.
• Pursuant to Tenn. Code Ann. § 39-13-115(b)(1)-(2), a person commits the Class C felony
offense of aggravated vehicular assault who, commits vehicular assault and:
o Has two or more prior convictions for driving under the influence of an intoxicant
(DUI) or boating under the influence (BUI);
o Has one or more prior convictions for vehicular assault, vehicular homicide or
aggravated vehicular homicide; or
o Had a BAC of 0.20 percent or more at the time of the offense and has one prior
conviction for DUI or BUI.
• The proposed legislation decreases, from 0.20 to 0.15, the minimum BAC for a person to
be charged with aggravated vehicular assault.
• Based upon information provided by the Department of Correction (DOC), there has been
an average of 29.5 admissions per year over the last 10 years for the Class D felony offense
under Tenn. Code Ann. § 39-13-106 for vehicular assault.
• It can be reasonably assumed that 10 percent or 2.95 (29.5 x 10%), of such admissions
occurred with a BAC of .15 percent or higher and will be classified as a Class C felony of
aggravated vehicular assault under this legislation.
HB 190 2
• Pursuant to Tenn. Code Ann. § 39-13-106(b)(2)-(5), a person convicted of vehicular assault
is required to serve anywhere from a minimum of 48 consecutive hours to 150 consecutive
days incarcerated, depending on prior conviction status. For purposes of this analysis, it is
assumed individuals convicted of a Class D felony of vehicular assault are serving the
established average sentence length of 0.93 years, after adjusting for pretrial jail credits.
• The average time served for a Class C felony offense of aggravated vehicular assault is 1.06
years, after adjusting for pretrial jail credits.
• Accounting for recidivism rates, the proposed legislation will result in 2.20 admissions
annually serving 0.13 additional years.
• 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
$ 5,000 FY25-26
$ 8,300 FY26-27
$ 8,700 FY27-28
Vehicular Homicide Intoxication enhanced to Aggravated Vehicular Homicide
• Pursuant to Tenn. Code Ann. § 39-13-213(a)(2), a person commits the Class B felony
offense of vehicular homicide by intoxication, who as the proximate result of the driver’s
intoxication, recklessly kills another by the operation of an automobile or other motor
vehicle.
• Pursuant to Tenn. Code Ann. § 39-13-218, a person commits the Class A felony offense of
aggravated vehicular homicide, who commits vehicular homicide and
o Has two or more prior convictions for DUI, BUI, vehicular assault, or any
combination of such offenses;
o Has one or more prior convictions for the offense of vehicular homicide; or
o Had 0.20 percent or more by weight of alcohol in the person’s blood at the time of
the offense and has one prior conviction for DUI, BUI, or vehicular assault.
• The proposed legislation decreases, from 0.20 to 0.15, the minimum BAC for a person to
be charged with aggravated vehicular homicide.
• Based upon information provided by the DOC, there has been an average of 37 admissions
per year over the last 10 years for the Class B felony offense under Tenn. Code Ann. § 39-
13-213 for vehicular homicide by intoxication.
• It can be reasonably assumed that 10 percent or 3.7 (37 x 10%), of such admissions
occurred with a BAC of .15 percent or higher and will be classified as a Class A felony of
aggravated vehicular homicide under this legislation.
• Pursuant to Tenn. Code Ann. § 40-35-501(bb), a person convicted of vehicular homicide by
intoxication or aggravated vehicular homicide on or after July 1, 2022 is required to serve
100 percent of the sentence imposed, undiminished by any sentence reduction credits the
person may be eligible for or earn.
HB 190 3
• The average sentence for a Class B felony of vehicular homicide by intoxication is 9.80
years.
• The average sentence for a Class A felony of aggravated vehicular homicide is 18.87 years.
• Accounting for recidivism rates, the proposed legislation will result in 2.76 admissions
annually serving 9.07 additional years.
• 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
$ 400 FY25-26
$ 800 FY26-27
$ 1,200 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 $9,900 ($8,700 + $1,200).
• 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.
• 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 draft 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