HB 311 - SB 538
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
April 4, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
HB 311 - SB 538
SUMMARY OF BILL: Enacts the Autism Spectrum Online Protection Act.
Creates a Class A misdemeanor offense for a person to use an online platform to engage in
grooming of another who the person knows or reasonably should know is an autistic young adult
subject to a conservatorship. Urges online platforms to implement and enforce policies to prevent
and report to local law enforcement any such prohibited activities that target autistic young adults.
Declares that family members or conservators should have access to tools and resources to monitor
and protect the online activities of autistic young adults.
FISCAL IMPACT:
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years $900
Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure
requirements on cities or counties unless the General Assembly shall provide that the state share in the cost.
Assumptions:
• Pursuant to the proposed legislation:
o An “autistic young adult” is an individual between the ages of 18 and 25 who has
been diagnosed with an Autism Spectrum Disorder (ASD);
o To “groom” is to build a relationship, trust, and emotional connection with another
person with the intent to commit an act of exploitation, sexual abuse, sextortion, or
trafficking; and
o An “online platform” is a website, application, or digital service that allows users to
interact and communicate with others over the internet.
• Pursuant to Tenn. Code Ann. § 34-1-101, a “conservatorship” is a proceeding in which a
court removes the decision-making powers and duties, in whole or in part, from a person
with a disability who lacks capacity to make decisions in one or more important areas, and
places responsibility for one or more of those decisions in a conservator or co-conservators.
• A 2020 report from the Tennessee Office of Conservatorship Management indicates that
there are approximately 8,368 known persons under conservatorships in this state.
• According to an analysis conducted in 2024 by the Annie E. Casey Foundation of
population data from the U.S. Census Bureau, it is estimated that 11 percent of the
population in Tennessee is between the ages of 18 and 25.
HB 311 - SB 538 2
• In a 2022 study conducted by the National Center on Birth Defects and Developmental
Disabilities, it was estimated that ASD is prevalent in 2.08 percent of the adult population
in Tennessee.
• For the purpose of this analysis, it is therefore assumed that approximately 19 persons
[(8,368 conservatorships x 11% ages 18-25) x 2.08% ASD] diagnosed with ASD are under
conservatorships in this state.
• It is additionally unknown how many such persons are groomed on an online platform. For
the purpose of this analysis, it is estimated to be approximately 50 percent or 10 individuals
(19 ASD and under conservatorship x 50%).
• It is assumed that the proposed legislation will result in approximately 10 percent of the
persons grooming such individuals, or one person (10 groomed online x 10%), will be
convicted of the new Class A misdemeanor each year.
• It is estimated that, on average, persons convicted of a Class A misdemeanor offense
serve 15 days in jail.
• Based on cost estimates provide by local government entities throughout the state and
reported bed capacity within such facilities, the weighted average cost per day to house an
inmate in a local jail facility is $61.99.
• The resulting mandatory increase in local expenditures related to incarcerations is
therefore estimated to be $930 (1 convicted x 15 days x $61.99 daily rate) in FY25-26 and
subsequent years.
• 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 of fines in
criminal cases is insignificant; therefore, any increase in local revenue from fines is
estimated to be not significant.
• The state and local courts can accommodate any increase in caseloads within existing
judicial resources.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director