SB 120 - HB 143
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 25, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 120 - HB 143
SUMMARY OF BILL: Expands the offense of aggravated assault on a first responder to
include exposing the first responder to fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil or a
fentanyl analogue, while the first responder is discharging or attempting to discharge the first
responder’s official duties resulting in serious bodily injury or death of the first responder.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$208,800
Assumptions:
• According to the Department of Health report 2022 Drug Overdose Hospital Discharges in
Tennessee, there were 1,322 discharges from fentanyl and fentanyl analog overdoses.
• This analysis assumes 10 percent, or 132.2 (1,322 x 10.0%), of these discharges were treated
by first responders prior to being admitted by the hospital. Of that 132.2, it is estimated that
10 percent, or 13.22 (132.2 x 10.0%), resulted in the first responder being exposed to
fentanyl or an analogue or derivative of fentanyl that resulted in serious bodily injury to the
first responder.
• Per the language of the legislation, aggravated assault on a first responder by exposure to
fentanyl is a Class C felony offense, with a mandatory minimum sentence of 90 days
incarcerated and a mandatory $15,000 fine.
• This analysis assumes individuals charged with a Class C felony of aggravated assault on a
first responder by exposure to fentanyl pursuant to the proposed legislation would be
charged with the Class E felony offense of reckless endangerment with a deadly weapon
pursuant to Tenn. Code Ann. § 39-13-103(b)(2) under current law.
• After adjusting for pre-trial jail credits, the average time served for a Class C felony of
aggravated assault is 1.63 years.
• While the language of the proposed legislation establishes mandatory sentence minimums,
this analysis assumes that the offender will serve the established average sentence length of
1.63 years.
• The average time served for reckless endangerment with a deadly weapon is 0.52 years, after
adjusting for pre-trial jail credits.
• Accounting for recidivism rates, the proposed legislation will result in 8.65 admissions
annually serving an additional 1.11 years (1.63 – 0.52).
SB 120 - HB 143 2
• 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 day are estimated to be $62.02 for inmates
housed at state facilities and $50.51 for inmates housed at local facilities.
• The estimated increase in incarceration costs is estimated to be the following over the next
three-year period:
Increase in State Expenditures
Amount Fiscal Year
$ 87,200 FY25-26
$ 205,700 FY26-27
$ 208,800 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 total recurring increase in
incarceration costs will be $208,800.
• 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