HB 38 – SB 219
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
January 20, 2025
Fiscal Analyst: Christine Drescher | Email: christine.drescher@capitol.tn.gov | Phone: 615-741-2564
HB 38 – SB 219
SUMMARY OF BILL: Requires the court, upon finding a child has committed a third or
subsequent delinquent act, to enter an order of restitution against the parent, legal custodian, or
guardian who had custody of the child at the time of the act, for the expenses incurred by any law
enforcement agency in responding to and investigating the delinquent act.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Tennessee Code Annotated § 37-1-131(b)(1)(B) of the Parental Accountability Act allows
courts to enter an order of restitution against the parent, legal custodian, or guardian for a
second or subsequent delinquent act committed by their child.
• The proposed legislation would require an order of restitution to be entered for a third or
subsequent delinquent act, while still permitting such an order on a second delinquent act.
• Since the Parental Accountability Act went into effect on July 1, 2024, there is not yet
complete data showing the number of individuals who were fined, for specifically what
amounts, and for what total of delinquent acts.
• However, it is reasonably assumed that an order of restitution for such expenses is currently
being entered against the parent, legal custodian, or guardian for a third or subsequent
delinquent act committed by their child.
• Therefore, requiring, instead of authorizing, the order of restitution upon a third or
subsequent delinquent act is assumed to result in no significant increase in local revenue.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director