SB 17 – HB 1202 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 13, 2025 Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564 SB 17 – HB 1202 SUMMARY OF BILL: Narrows the requirement that law enforcement agencies (LEA) and officials must communicate with the appropriate federal officials regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States, to only those individuals who have been arrested for a criminal offense. Provides exceptions to this requirement for a school resource officer in regard to students of the local education agency to which the officer is assigned, and any individual whose contact with law enforcement is due to the individual’s status as a victim of or witness to a crime. Establishes a civil penalty of up to $1,000 for LEAs and officials who do not comply. Authorizes the Attorney General (AG) to bring action to enforce such penalty. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. § 7-68-105, all LEAs and officials shall, in accordance with 8 U.S.C 1357(g)(10), communicate with the appropriate federal official regarding the immigration status of any individual, including reporting knowledge that an individual is not lawfully present in the United States, or otherwise cooperate with the appropriate federal official in the identification, apprehension, detention, or removal of aliens not lawfully present. • The proposed legislation specifies that LEAs are only required to communicate with federal officials regarding the immigration status of individuals who have been arrested for criminal offenses, and that such requirements do not apply to school resource officers with regard to the immigration status of a student, or an individual who has not been arrested by the LEA, but may be a victim of or witness to a crime. • The proposed legislation additionally establishes a civil penalty of up to $1,000 for LEAs that do not comply with the communication requirement, and authorizes the AG to bring action to enforce the civil penalty. • Based on information provided by the Tennessee Sheriffs Association and the Tennessee Association of Chiefs of Police, LEAs can communicate with the appropriate federal officials and report any necessary information within existing resources. • It is assumed that the AG can enforce any civil penalties within existing resources; however, there is not expected to be a significant increase in civil penalties assessed as a result of the proposed legislation. • Any impact to the Tennessee Bureau of Investigation, the Department of Safety, and the Department of Education is estimated to be not significant. SB 17 – HB 1202 2 CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director