HB 856 - SB 1407
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 4, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 856 - SB 1407
SUMMARY OF BILL: Establishes that a person is justified, under certain circumstances, in
using deadly force against another to prevent or terminate the other from committing or attempting
to commit certain property offenses. Authorizes a private citizen to use deadly force if reasonably
necessary to accomplish the lawful arrest of an individual who flees or resists the arrest for violating
protection of property statutes. Specifies that the display or brandishing of a weapon does not
constitute deadly force, if the display or brandishing of the weapon does not result in death or
serious bodily injury.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• The proposed legislation establishes that a person is justified in using deadly force against
another when and to the degree the person reasonably believes deadly force is immediately
necessary to prevent or terminate the other's actual or attempted:
o Trespass;
o Arson;
o Damage to property;
o Burglary;
o Theft;
o Robbery
o Aggravated cruelty to animals, serious bodily injury, or death to animals or livestock;
and
o The person reasonably believes:
▪ The property cannot be protected or the other’s actions terminated by any
other means; or
▪ The use of force other than deadly force to protect terminate the other’s
actions would expose the person or a third person to a risk of death or
serious bodily injury.
• Establishing that a person is justified, under certain circumstances, in using deadly force
against another to prevent or terminate the other from committing or attempting to commit
certain property offenses could result in a decrease in state or local incarceration
expenditures for persons that are determined to be justified in the use of deadly force as
outlined in the proposed legislation and that would have otherwise been convicted of an
offense under current law.
HB 856 - SB 1407 2
• However, to the extent that this legislation results in additional instances where deadly force
is used and the offender is not successful in utilizing the newly established justifications, the
proposed legislation could result in an increase in state or local incarceration expenditures.
• The extent and timing of any potential increase or decrease in incarceration costs is
unknown and dependent upon the number of persons who will use deadly force against
another to prevent or terminate the other from committing or attempting to commit one of
the offenses outlined, and the number, if any, of persons that are determined to be justified
in the use of deadly force as outlined in the proposed legislation is unknown.
• The net fiscal impact to state or local government is estimated to be not significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director