HB 540 – SB 916
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 20, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 540 – SB 916
SUMMARY OF BILL: Expands the definition of "racketeering activity" under the Racketeer
Influenced and Corrupt Organization (RICO) Act of 1989 to include committing, conspiring to commit,
aiding, attempting to aid, soliciting, coercing, facilitating, or intimidating another person to commit
the criminal offense of animal fighting.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Racketeering activity means to commit, attempt to commit, conspire to commit, or to aid,
attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit one of 69
criminal offenses.
• Pursuant to Tenn. Code Ann. § 39-12-203, enterprise means a formal or informal ongoing
organization, association, or group that has as one of its primary activities the commission
of one or more offenses qualifying as racketeering activity, and that consists of three or
more persons:
o Who share a common name, identifying signs, colors, or symbols, including, but not
limited to, terrorist organizations, hate groups, and criminal gangs; or
o Who share the primary purpose of promoting or facilitating commercial sex acts.
• Pursuant to Tenn. Code Ann. § 39-12-204, it is an offense for a person to employed by, or
associated with, an enterprise to knowingly conduct or participate in the enterprise
through a pattern of racketeering activity.
• The proposed legislation adds the offense of animal fighting to the list of criminal offenses
included in racketeering activity.
• Pursuant to Tenn. Code Ann. § 39-14-203, animal fighting is a Class E felony; if the offense
involved a cock, it is a Class A misdemeanor.
• Pursuant to Tenn. Code Ann. § 39-12-205(a), a RICO violation is a Class B felony offense.
The penalty is enhanced to a Class A felony offense if the conviction is based upon a
pattern of racketeering activity that involved a homicide.
• Based upon information provided by the Department of Correction, there has been an
average of 0.10 admissions per year over the last 10 years for the Class E felony offense
under Tenn. Code Ann. § 39-14-203 for animal fighting.
• Based on information provided by the Administrative Office of the Courts and the
Department of Correction Jail Summary Reports, there have been two instances of animal
fighting that have included three or more people in each of the last five years.
HB 540 – SB 916 2
• There will not be a sufficient change in the number of prosecutions for animal fighting for
state or local government to experience any significant change in revenue or expenditures.
• Any impact to the court system as a result of the proposed legislation is estimated to be not
significant.
• 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.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director