HB 464 – SB 465
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 23, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 464 – SB 465
SUMMARY OF BILL: Removes the limitation of criminal immunity for persons who are
experiencing a drug overdose and who are seeking medical assistance, regardless of whether it is
their first or subsequent overdose.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 63-1-156(b), any person who in good faith seeks medical
assistance for themselves or a person experiencing or believed to be experiencing a drug
overdose shall not be arrested, charged, or prosecuted of a drug violation resulting from
seeking such medical assistance. Such immunity is extended to a person experiencing a drug
overdose only on the first overdose.
• The proposed legislation extends criminal immunity to a person experiencing a drug
overdose and seeking medical attention from being arrested, charged, or prosecuted for a
second or subsequent drug overdose.
• Pursuant to Tenn. Code Ann. § 63-1-156(a)(3)(A)-(B), drug violation means a violation of
simple possession or casual exchange of a controlled substance or a violation of unlawful
drug paraphernalia.
• The proposed legislation is assumed to increase the frequency that an individual or person
in the company of an individual who is experiencing a drug overdose seeks medical
assistance for themselves or the incapacitated individual. It is estimated that providing
immunity for such individuals for subsequent drug overdoses will not significantly impact
state or local incarceration costs, as the number of felony and misdemeanor convictions for
such persons under current law is estimated to be minimal.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director