HB 751 - SB 1415
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 27, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
HB 751 - SB 1415
SUMMARY OF BILL: Creates an offense for a person to knowingly, by act or omission,
engage in conduct that places a child in imminent danger of death, bodily injury, or physical or
mental impairment by possessing any amount of fentanyl, carfentanil, remifentanil, alfentanil, or
thiafentanil in the presence of the child. Establishes that a violation of this offense is a Class E
felony, unless the abused child is eight years of age or less, then the offense is a Class B felony.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Per the proposed legislation, a person engages in conduct that places a child in imminent
danger of death, bodily injury, or physical or mental impairment if the person unlawfully
possesses any amount of fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in the
presence of the child.
• A violation is a Class E felony, unless the abused child is eight years of age or less, then the
offense is a Class B felony.
• Pursuant to Tenn. Code Ann. § 39-15-401(d)(1)-(2), it is a Class A misdemeanor for any
person to negligently, by act or omission, engage in conduct that places a child in imminent
danger of death, bodily injury, or physical or mental impairment, if the person's conduct is
related to the controlled substance methamphetamine or any other controlled substance
listed in Tennessee Code Annotated Title 39, Chapter 17, Part 4, except a Schedule VI
controlled substance, exposes the child to the controlled substance and an analysis of a
specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the
presence of methamphetamine or any other controlled substance listed, in the child's body.
The penalty is enhanced to a Class B felony if the abused child is eight years of age or less.
• Pursuant to Tenn. Code Ann. § 39-17-408, fentanyl, carfentanil, remifentanil, alfentanil, and
thiafentanil are Schedule II controlled substances.
• This analysis assumes individuals charged with a Class E felony under the proposed
legislation would be charged with the Class B or C felony of possession of a Schedule II
controlled substance pursuant to Tenn. Code Ann. § 39-17-417 under current law.
• Pursuant to Tenn. Code Ann. § 37-1-102(b)(27)(F)(iv), severe child abuse means the
presence of a child within a structure where fentanyl is present and accessible to the child.
• This analysis assumes individuals charged with a Class B felony under the proposed
legislation would be charged with the Class B felony of child abuse and child neglect or
endangerment pursuant to Tenn. Code Ann. § 39-15-401 under current law.
HB 751 - SB 1415 2
• There will not be a sufficient change in the number of prosecutions for state or local
government to experience any significant change in revenue or expenditures.
• Any impact to the court system as a result of the proposed legislation is estimated to be not
significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director