HB 76 - SB 433
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 6, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 76 - SB 433
SUMMARY OF BILL: Prohibits the abandonment of an animal in a person’s custody,
regardless of its reasonability. Establishes that it is not a defense to prosecution for animal cruelty if
the person abandoned the animal at or near an animal shelter, veterinary clinic, or other place of
shelter if the person did not make reasonable arrangements for the care of the animal.
FISCAL IMPACT:
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years $1,100
Assumptions:
• Pursuant to Tenn. Code Ann. § 39-14-202(a)(1)-(5) and (b), a person commits the offense
of cruelty to animals who intentionally or knowingly:
o Tortures, maims or grossly overworks an animal;
o Fails unreasonably to provide necessary food, water, care, or shelter for an animal in
the person’s custody;
o Abandons unreasonably an animal in the person's custody;
o Transports or confines an animal in a cruel manner;
o Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including
blistering compounds, to the legs or hooves of horses in order to make them sore
for any purpose including, but not limited to, competition in horse shows and
similar events; or
o Ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily
injury.
• The proposed legislation prohibits the abandonment of an animal in a person’s custody,
regardless of its reasonability, and establishes that it is not a defense to prosecution for
animal cruelty if the person abandoned the animal at or near an animal shelter, veterinary
clinic, or other place of shelter if the person did not make reasonable arrangements for the
care of the animal.
• Pursuant to Tenn. Code Ann. § 39-14-202(g), cruelty to animals is a Class A misdemeanor
and a second or subsequent conviction is a Class E felony.
• Based on information provided by the Administrative Office of the Courts and the
Department of Correction (DOC) Jail Summary Reports, there has been an average of
122.2 Class A misdemeanor convictions of cruelty to animals in each of the last 5 years.
HB 76 - SB 433 2
• However, these convictions include offenses under Tenn. Code Ann. § 39-14-202(a)(1)-(5)
and (b). It is assumed that 10 percent, or 12.22 (122.2 x 10.0%) of these convictions
involved the abandonment of an animal in the person’s custody.
• It can be reasonably assumed that convictions for Class A misdemeanor cruelty to animals
will increase by 10 percent, or 1.22 (12.22 x 10.0%) as a result of the proposed legislation.
• It is assumed that an individual convicted of a Class A misdemeanor offense will spend an
average of 15 days in a local jail.
• Based on cost estimates provided by local government entities throughout the state and
reported bed capacity within such facilities, the weighted average cost per day to house an
inmate in a local jail facility is $61.99.
• The recurring mandatory increase in expenditures to local governments is estimated to be
$1,134 (1.22 convictions x $61.99 x 15) in FY25-26 and subsequent years.
• Based on information provided by the DOC, there has been an average of 0.20 admissions
in the past 10 years for the Class E felony offense under Tenn. Code Ann. § 39-14-202(g)
for animal cruelty.
• There will not be a sufficient change in the number of Class E felony prosecutions for state
government to experience any significant increase in revenue or expenditures.
• Any impact to state incarceration is estimated to be not significant.
• 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 increase state or local revenue.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director