HB 578 - SB 1082
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 27, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 578 - SB 1082
SUMMARY OF BILL: Expands the definition of “dangerous felony” in regard to weapons
offenses, to include 17 additional criminal offenses.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$117,600
Assumptions:
• Pursuant to Tenn. Code Ann. § 39-17-1324(i), a dangerous felony means:
o Attempt to commit first degree murder;
o Attempt to commit second degree murder;
o Voluntary manslaughter;
o Carjacking;
o Especially aggravated kidnapping;
o Aggravated kidnapping;
o Especially aggravated burglary;
o Aggravated burglary;
o Especially aggravated stalking;
o Aggravated stalking;
o Initiating the process to manufacture methamphetamine;
o A felony involving the sale, manufacture, distribution or possession with intent to
sell, manufacture, or distribute a controlled substance or controlled substance
analogue; or
o Any attempt to commit a dangerous felony.
• The proposed legislation adds 17 additional criminal offenses to the definition of a
dangerous felony in regard to weapons offenses.
• Pursuant to Tenn. Code Ann. § 39-17-1324(e)(1), a sentence imposed for a violation of an
applicable weapon offense is to be served consecutive to any other sentence the person is
serving at the time of the offense or is sentenced to serve for conviction of the underlying
dangerous felony.
• Pursuant to Tenn. Code Ann. § 9-4-210, this analysis estimates the highest cost for
admission in the next three years; therefore, any additional time added by the proposed
legislation resulting in sentences exceeding three years in length surpass the window of this
analysis and will not significantly impact incarceration costs.
HB 578 - SB 1082 2
• Based on information provided by the Department of Correction (DOC), there has been an
average of 771.2 admissions per year over the last 10 years for the 17 new criminal offenses
the proposed legislation will add to the definition of dangerous felony.
• Of those 771.2 admissions, there were 324.9 admissions per year with an average time
served of three years or less.
Possession of a firearm during the commission of or attempt to commit a dangerous felony:
• Pursuant to Tenn. Code Ann. 39-17-1324(a), it is an offense to possess a firearm or antique
firearm with the intent to go armed during the commission of or attempt to commit a
dangerous felony.
• A violation of Tenn. Code Ann. § 39-17-1324(a) is a Class D felony offense, punishable by
a mandatory minimum three-year sentence, and a five-year sentence if the defendant, at the
time of the offense, had a prior felony conviction.
• Based on information provided by the DOC, there has been an average of 3,164.5
admissions in each of the last 10 years for criminal offenses currently defined as dangerous
felonies. Of those 3,164.5 admissions, there were 2,223.6 admissions per year with an
average time served of three years or less.
• Of those 2,223.6 admissions:
o An average of 9.9 or approximately 0.45 percent (9.9 / 2,223.6) were also charged
with the Class D felony offense of possession of a firearm during the commission
of or attempt to commit a dangerous felony, requiring a mandatory minimum three-
year sentence; and
o An average of 1.4 or approximately 0.06 percent (1.4 / 2,223.6) were also charged
with the Class D felony offense of possession of a firearm during the commission
of or attempt to commit a dangerous felony with a prior felony conviction,
requiring a mandatory minimum five-year sentence.
• The proposed legislation will result in:
o 1.46 (324.9 x 0.45%) new Class D felony admissions for possession of a firearm or
antique firearm with the intent to go armed during the commission of or attempt to
commit a dangerous felony with a mandatory minimum three-year sentence; and
o 0.19 (324.9 x 0.06%) new Class D felony admissions for possession of a firearm
during the commission of or attempt to commit a dangerous felony with a prior
felony conviction, requiring a mandatory minimum five-year sentence.
• Pursuant to Tenn. Code Ann. 40-35-501(cc)(2)(O), as amended by Public Chapter 988 of
2022, a person convicted of possession of a firearm during the commission of or attempt to
commit a dangerous felony on or after July 1, 2022 is required to serve 100 percent of the
sentence imposed, provided that earned credits may reduce the sentence imposed by up to
15 percent.
• The average sentence for a Class D felony offense of possession of a firearm during the
commission of or attempt to commit a dangerous felony is 3.26 years. Therefore, it is
assumed that a person convicted of possession of a firearm during the commission of or
attempt to commit a dangerous felony under current law would serve 2.77 years (3.26 years
x 85%); a person convicted of such offense with a prior felony conviction under current law
would serve 4.25 years (5 years x 85%).
• The proposed legislation will result in:
HB 578 - SB 1082 3
o 1.46 additional admissions annually serving 2.46 years, after adjusting for pre-trial
jail credits for possession of a firearm during the commission of or attempt to
commit a dangerous felony; and
o 0.19 additional admissions annually serving 3.94 additional years, after adjusting for
pre-trial jail credits for possession of a firearm during the commission of or attempt
to commit a dangerous felony with a prior felony conviction.
• 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
$ 36,900 FY25-26
$ 74,300 FY26-27
$ 94,800 FY27-28
Employing a firearm during the commission of or attempt to commit a dangerous felony:
• Pursuant to Tenn. Code Ann. § 39-17-1324(b), it is an offense to employ a firearm or
antique firearm during the:
o Commission of a dangerous felony;
o Attempt to commit a dangerous felony;
o Flight or escape from the commission of a dangerous felony; or
o Flight or escape from the attempt to commit a dangerous felony.
• A violation of Tenn. Code Ann. § 39-17-1324(b) is a Class C felony, punishable by a
mandatory minimum six-year sentence, and a 10-year sentence if the defendant, at the time
of the offense, had a prior felony conviction.
• Of the 2,223.6 admissions in each of the last 10 years for criminal offenses currently
defined as dangerous felonies serving an average of three years or less:
o An average of 2.3 or approximately 0.10 percent (2.3 / 2,223.6) were also charged
with the Class C felony offense of employing a firearm during the commission of or
attempt to commit a dangerous felony, requiring a mandatory minimum six-year
sentence; and
o An average of 0.0001 or approximately 0.01 percent (0.3 / 2,223.6) were also
charged with the Class C felony offense of employing a firearm during the
commission of or attempt to commit a dangerous felony with a prior felony
conviction, requiring a mandatory minimum 10-year sentence.
• The proposed legislation will result in:
o 0.32 (324.9 x 0.10%) new Class C felony admissions for employing a firearm or
antique firearm with the intent to go armed during the commission of or attempt to
commit a dangerous felony with a mandatory minimum six-year sentence; and
o 0.03 (324.9 x 0.01%) new Class C felony admissions for employing a firearm during
the commission of or attempt to commit a dangerous felony with a prior felony
conviction, requiring a mandatory minimum 10-year sentence.
HB 578 - SB 1082 4
• The average sentence for a Class C felony offense of employing a firearm during the
commission of or attempt to commit a dangerous felony is 6.26 years. Therefore, it is
assumed that a person convicted of employing a firearm during the commission of or
attempt to commit a dangerous felony under the current law would serve 5.32 years (6.26
years x 85%); a person convicted of such offense with a prior felony conviction under
current law would serve 8.5 years (10 years x 85%).
• The proposed legislation will result in:
o 0.32 additional Class C felony admissions annually serving 4.81 years. After
adjusting for pre-trial jail credits for employing a firearm during the commission of
or attempt to commit a dangerous felony; and
o 0.03 additional Class C felony admissions annually serving 7.99 years, after adjusting
for pre-trial jail credits for employing a firearm during the commission of or attempt
to commit a dangerous felony with a prior felony conviction.
• 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 $62.02for
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
$ 7,600 FY25-26
$ 15,200 FY26-27
$ 22,800 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 $117,600 ($94,800 + $22,800).
• 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 the 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