SB 1131 - HB 1222
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 22, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
SB 1131 - HB 1222
SUMMARY OF BILL: Authorizes any family member, household member, intimate partner,
or law enforcement officer who has a reasonable belief that a person poses an imminent risk of
harm to the person or others if allowed to purchase or possess a firearm to seek relief by filing a
sworn petition for an emergency protection order (EPO) against the respondent. Stipulates that a
person filing an EPO is not required to bear any of the associated filing or court costs and such shall
be assessed against the respondent.
Authorizes the court, upon finding that an immediate and present risk of harm to the respondent or
others if the respondent is allowed to purchase or possess a firearm, to issue an ex parte order which
shall prohibit the respondent from purchasing or possessing any firearm during the period that the
order is in effect. Establishes the process by which such orders are to be administered. Requires the
local law enforcement agency, upon receiving from the court clerk a copy of any EPO or EPO
modification, to immediately transmit the order to the National Crime Information Center (NCIC).
Requires any respondent subject to an EPO to terminate physical possession of the firearms in their
possession by any lawful means within 48 hours. Prohibits such respondent from possessing a
firearm for so long as the EPO is in effect. Requires the respondent after lawfully dispossessing
firearms as required, to complete an affidavit of firearms dispossession form.
Creates a Class A misdemeanor offense for a person to knowingly violate an EPO, including to
knowingly fail to surrender or transfer all firearms the respondent possesses. Specifies that each
violation constitutes a separate offense.
Requires the Administrative Office of the Courts (AOC) to develop all forms necessary for the
implementation of the legislation. Requires clerks of court to provide forms as necessary to
petitioners and assist petitioners who are not represented by counsel in filling out such forms.
Effective for the purpose of developing forms upon becoming a law. Effective July 1, 2025, for all
other purposes.
FISCAL IMPACT:
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years > $54,900
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.
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Assumptions:
• Based on information previously provided by the AOC, any increase in caseloads or
hearings can be accommodated by the courts within existing resources. The AOC can
create the forms and make them available within existing resources.
• It is assumed that clerks of court can perform all the duties prescribed in the legislation
within the normal course of business.
• Based on information previously provided by the Tennessee Bureau of Investigation,
additional clarification or revision to the process by which local law enforcement agencies
enter the information into the NCIC may be required in order to meet the Federal Bureau
of Investigation’s requirements for such entry. However, it is assumed that local agencies
can comply with whatever is required of them in this regard within existing agency
resources.
• Pursuant to the AOC’s previous five Annual Statistical Reports, there have been an average of
9,115 petitions for an order of protection filed each year in Chancery, Circuit, and Probate
courts. The total number of petitions for an order of protection filed in other courts is
unknown.
• Approximately 13 percent of adult Tennesseans are valid handgun permit holders. This
does not account for those persons who legally own a firearm without a permit, which
various studies show to be as high as 45 percent.
• It is estimated that at least 1,185 (9,115 x 13%) of current orders of protections sought
would be considered an EPO, and impacted by the proposed legislation.
• This will result in an increased workload to law enforcement agencies that would not be
equally distributed among the 311 local agencies. However, it is estimated that most
agencies will be able to absorb the additional workload within existing resources and
personnel.
• It is assumed that approximately five percent of the individuals subject to such orders, or 59
individuals (1,185 EPOs x 5%) will be convicted of a Class A misdemeanor for violating the
order.
• 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
exceed $54,861 (59 convictions x $61.99 x 15) 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 change state or local revenue.
• Such orders are not expected to result in a significant impact on the sale of firearms in
Tennessee. Any fiscal impacts related to state and local sales and business taxes is estimated
to be not significant.
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CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director