HB 158 – SB 979 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 20, 2025 Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564 HB 158 – SB 979 SUMMARY OF BILL: Creates a Class B misdemeanor offense for engaging in harassing behavior of a first responder. FISCAL IMPACT: LOCAL GOVERNMENT EXPENDITURES Mandatory FY25-26 & Subsequent Years $1,200 Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. Assumptions: • The proposed legislation creates a Class B misdemeanor offense for a person, after receiving a verbal warning not to approach from an individual, who the person knows or reasonably should know is a first responder, and who is engaged in the lawful performance of the first responder's official duties, to knowingly violate the warning and approach or remain within 25 feet of the first responder with the intent to: o Impede or interfere with the first responder’s ability to perform the first responder’s official duties; o Threaten the first responder with physical harm; or o Harass the first responder. • Pursuant to Tenn. Code Ann. § 39-17-305, a person commits disorderly conduct who, in a public place and with intent to cause public annoyance or alarm: o Engages in fighting or in violent or threatening behavior; o Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or o Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. o A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities. • A violation of disorderly conduct is a Class C misdemeanor. • Based on information provided by TBI, there were 190.6 arrests for disorderly conduct in each of the last five years. • This analysis assumes that 19.06 or 10 percent (190.6 x 10%) of these arrests will result in a conviction of the Class B misdemeanor offense under the proposed legislation. HB 158 – SB 979 2 • It is assumed that an individual convicted of a: o Class C misdemeanor offense will spend zero days in local jail; and o Class B misdemeanor offense will spend an average of one day 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 $1,182 (19.06 convictions x $61.99 x 1 day) in FY25-26 and subsequent years. • 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 decrease state or local revenue. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director