SB 1296 - HB 1314
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 14, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 1296 - HB 1314
SUMMARY OF BILL: Creates a Class E felony offense for recklessly, by any means of
communication, threatening to commit an act of mass violence and the threat causes another to
reasonably expect the commission of an act of mass violence.
This classification is enhanced to a Class D felony if: (1) the violation involves a threat to commit
mass violence on the property of a school, house of worship, or government, or at a live
performance or event; (2) the defendant has one of more prior convictions for such offense or a
Class A misdemeanor threat of mass violence on a school property; or (3) the defendant
intentionally engages in substantial conduct to prepare for or carry out the threatened act.
Authorizes a sentencing court to order a person convicted of threatening to commit an act of mass
violence to pay restitution, including costs and damages resulting from the disruption of the normal
activity that would have otherwise occurred but for the threat to commit an act of mass violence.
Creates a Class B misdemeanor offense for posting on a publicly accessible website a person’s
telephone number or address with the intent to threat or cause harm. Enhances the penalty, from a
Class B misdemeanor to a Class A misdemeanor, if the offense results in harm to the individual or a
member of the individual’s household.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$822,200
Assumptions:
New Class E Felony Offense
• The number of individuals who will be charged with the offense of threatening an act of
mass violence pursuant to this proposed legislation is unknown.
• Based on information from the Pew Charitable Trust published in June 2022, there are 19
states that have laws allowing local law enforcement to petition civil courts regarding people
who may be a danger to themselves or others.
• Most of the laws were passed in the last decade and use of the laws varies greatly by state.
For purposes of analysis, the experience of multiple states is being used.
SB 1296 - HB 1314 2
• Since 2018, judges have granted an average of 3,427 orders in a five-year period across three
states. Adjusting for Tennessee population, it is estimated there would be 622 instances
where someone in Tennessee could be found to be a danger to themselves or other.
• According to a 2022 paper analyzing threats of multiple victim/mass shootings in six states,
approximately 10 percent of ordered petitions were in response to a threat of mass violence
against at least three people, which is closely aligned with the definition of mass violence in
this legislation.
• It is assumed 10 percent of the 622 instances where someone in Tennessee could be found
to be a danger to themselves or others, or 62 instances will involve a public threat of mass
violence (622 x 10%).
• Utilizing this data as a proxy for this estimation, it is assumed there could be 62 potential
individuals charged with a Class E or Class D felony offense for threatening an act of mass
violence under the proposed legislation.
• The proposed legislation creates a Class E felony offense if a person recklessly, by any
means of communication, threatens to commit an act of mass violence and the threat
causes another to reasonably expect the commission of an act of mass violence.
• This analysis assumes that 75 percent, or 46.5 (62 x 75%), of admissions will be charged
with a Class E felony offense of threatening to commit an act of mass violence. The average
time served for a Class E felony is 0.56 years after adjusting for pre-trial jail credits.
• The proposed legislation will result in 46.5 admissions annually serving 0.56 years.
• 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
$ 569,100 FY25-26
$ 576,200 FY26-27
$ 583,300 FY27-28
New Class D Felony Enhancement
• This analysis assumes that 25 percent, or 15.5 (62 x 25%), of admissions will be charged
with a Class D felony because the offense involved: (1) a threat to commit mass violence on
the property of a school, house of worship, or government, or at a live performance or
event; (2) a defendant with a prior conviction; or (3) a defendant that has engaged in
substantial conduct to prepare for or carry out the threatened act.
• The average time served for a Class D felony is 0.93 years after adjusting for pre-trial jail
credits.
• After accounting for recidivism rates, the proposed legislation will result in 11.56
admissions annually serving 0.93 years.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
SB 1296 - HB 1314 3
Increase in State Expenditures
Amount Fiscal Year
$ 233,000 FY25-26
$ 236,100 FY26-27
$ 238,900 FY27-28
• Pursuant to 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 $822,200 ($583,300 + $238,900).
New Class B and Class A Misdemeanor
• Per the proposed legislation, a person commits a Class B misdemeanor offense for posting
on a publicly accessible website the telephone number or home address of an individual
with intent to cause harm or a threat of harm to the individual or a member of the
individual’s family or household. The penalty is enhanced to a Class A misdemeanor if the
offense results in harm to the individual whose information was publicly posted online or a
member of their family or household.
• This analysis assumes individuals charged with a Class B misdemeanor or Class A
misdemeanor pursuant to the proposed legislation would be charged with the Class A
misdemeanor offense of harassment pursuant to Tenn. Code Ann. § 39-17-308 under
current law.
• There will not be a sufficient change in the number of prosecutions for state or local
government to experience any significant change in revenue or expenditures.
• 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 analysis are available upon request.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director