SB 1204 - HB 1191
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
SB 1204 - HB 1191
SUMMARY OF BILL: Creates a Class E felony offense for a person who, while operating,
or as a passenger in, a motor vehicle recklessly discharges a firearm. Creates a Class A misdemeanor
offense for a person who, while operating, or as a passenger in, a motor vehicle recklessly brandishes
or displays a firearm.
FISCAL IMPACT:
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years $2,800
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 Tenn. Code Ann. § 39-13-103, a person commits an offense who recklessly
engages in conduct that places or may place another person in imminent danger of death or
serious bodily injury.
• Pursuant to Tenn. Code Ann. § 39-13-103(b)(4), reckless endangerment by discharging a
firearm from within a motor vehicle is a Class C felony.
• The proposed legislation creates a Class E felony offense for a person who, while operating,
or as a passenger in, a motor vehicle recklessly discharges a firearm.
• It is assumed that a person who recklessly discharges a firearm while in a motor vehicle as a
driver, or as a passenger, would be charged with a Class C felony of reckless endangerment
under current law and would not be impacted by the proposed legislation.
• According to the Gun Violence Archive, between 2019 and 2023 there have been a total of
60 incidents, or an average of 12 incidents per year, of road rage in Tennessee in which
someone in a car brandished a gun in a threatening manner at a driver or passenger in
another car.
• It is estimated that 25 percent or 3 (12 x 25.0%) will be charged with a Class A
misdemeanor for the reckless display of a firearm while operating, or as a passenger in, a
motor vehicle.
• It is assumed that an individual convicted of a Class A misdemeanor offense will spend an
average of 15 days in a local jail.
• Based on cost estimates provided 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.
SB 1204 - HB 1191 2
• The recurring mandatory increase in expenditures to local governments is estimated to be
$2,790 (3 convictions x $61.99 x 15 days) 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 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 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