HB 196 - SB 216
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 12, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 196 - SB 216
SUMMARY OF BILL: Establishes that the offense conveyance by general warranty deed
with knowledge of existing liens is punishable with imprisonment. Increases the maximum fine,
from $3,000 to $4,000, for such offense.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 66-3-104(a), any person who transfers land by execution of
a general warranty deed with knowledge of outstanding liens, mortgages, deeds of trust or
other claims against such transferred land with the intent to defraud, commits a Class E
felony.
• Pursuant to Tenn. Code Ann. § 40-35-111(b)(5), a Class E felony is punishable by not less
than one year nor more than six months of imprisonment, and the jury may assess a fine
not to exceed $3,000.
• The proposed legislation will increase the allowable fine for transferring land by execution
of a general warranty deed with knowledge of outstanding liens, mortgages, deeds of trust
or other claims against such transferred land with the intent to defraud, from $3,000 to
$4,000, and establish that the offense is punishable with imprisonment.
• Based on information provided by the Department of Correction, there have been zero
admissions for the Class E felony offense of conveyance by general warranty deed with
knowledge of existing liens.
• There will not be a sufficient change in the number of prosecutions for state 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.
• Any impact to the court system as a result of the proposed legislation is estimated to be not
significant.
HB 196 - SB 216 2
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director