SB 769 – HB 1140 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 SB 769 – HB 1140 SUMMARY OF BILL: Increases, from a Class A misdemeanor punishable by fine only to a Class E felony, the penalty for the offense of possession of a used, detached catalytic convertor by an unauthorized person. FISCAL IMPACT: STATE GOVERNMENT EXPENDITURES Incarceration $152,100 Assumptions: • Public Chapter 213 of 2021 created the Class A misdemeanor offense of possession of a used, detached catalytic converter by an unauthorized person. • Based on information provided by the Administrative Office of the Courts and the Department of Correction Jail Summary Reports, there have been an average of 12.13 Class A misdemeanor convictions of in each of the last three years for possession of a used, detached catalytic converter by an unauthorized person. • It can be reasonably assumed that 12.13 convictions will be classified as a Class E felony under this legislation. • The average time served for a Class E felony is 0.56 years. • 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 inmate 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 $ 148,500 FY25-26 $ 150,300 FY26-27 $ 152,100 FY27-28 SB 769 – HB 1140 2 • Pursuant to Public Chapter 1007 of 2022, recurring cost increases are to be estimated on the highest of the next three fiscal years; therefore, the recurring increase in incarceration costs will be $152,100. • 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 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