New Hampshire SB 649: increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

Bill Text

SB 649-FN - VERSION ADOPTED BY BOTH BODIES

2026 SESSION

 26-2087

 06/08

SENATE BILL 649-FN

AN ACT increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

SPONSORS: Sen. Fenton, Dist 10; Sen. McConkey, Dist 3; Sen. Gannon, Dist 23; Sen. Prentiss, Dist 5; Sen. Birdsell, Dist 19; Sen. Ricciardi, Dist 9; Rep. Roy, Rock. 31; Rep. Gorski, Hills. 2; Rep. N. Murphy, Hills. 12; Rep. Crawford, Carr. 3

COMMITTEE: Transportation

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ANALYSIS

 This bill increases fines and adds license suspension for repeat offenses involving the use of a hand-held mobile electronic device while driving, with enhanced penalties when the violation contributes to a crash.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2087

 06/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Use of Mobile Electronic Devices While Driving; Prohibition; Penalties. Amend RSA 265:79-c, III to read as follows:

 III. Any person who violates this section shall be guilty of a violation and shall be [fined $100 plus penalty assessment for a first offense, $250 plus penalty assessment for a second offense, and $500 plus penalty assessment for any subsequent offense within a 24-month period.] subject to the following fines and penalties:

 (a) For a first offense, a fine of $250. If the violation is a contributing cause of a motor vehicle crash, the fine shall be $500.

 (b) For a second offense within 24 months of the first offense, a fine of $500. If the violation is a contributing cause of a motor vehicle crash, the fine shall be $750.

 (c) For a third or subsequent offense within 24 months of the first offense, a fine of $750 and license suspension of up to 30 days. If the violation is a contributing cause of a motor vehicle crash, the fine shall be $1,000 and the suspension shall be 60 days.

 2 Effective Date. This act shall take effect January 1, 2027.

 LBA

 26-2087

 10/22/25

SB 649-FN- FISCAL NOTE

AS INTRODUCED

AN ACT increasing fines for using a hand-held mobile electronic device while driving a motor vehicle.

FISCAL IMPACT: 

 Estimated State Impact

FY 2026

FY 2027

FY 2028

FY 2029

 Revenue

$0

Indeterminable

 Revenue Fund

General Fund, Highway Fund, Victims Assistance Fund, and Judicial Branch Information Technology Fund

 Expenditures*

Department of Safety DMV Costs - $48K in FY 2027

Costs to Criminal and Judicial Systems - Indeterminable

 Funding Source

General Fund, Restricted - Highway Fund Cost of Collections - Per the state constitution, costs associated with the collection/administration of highway fund revenue by the Department of Safety is deducted prior to funds being credited as unrestricted highway fund revenue

 Appropriations*

$0 

$0 

$0 

$0 

 Funding Source

None

 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

 Estimated Political Subdivision Impact

FY 2026

FY 2027

FY 2028

FY 2029

 County Revenue

$0 

$0 

$0 

$0 

 County Expenditures

Indeterminable

 Local Revenue

$0 

$0 

$0 

$0 

 Local Expenditures

Indeterminable

METHODOLOGY:

This bill, effective January 1, 2027, increases penalties for using hand-held mobile electronic devices while driving a motor vehicle:

 Offense Count

Existing Law

Proposed Change

 1st Offense

$100 fine

$250 fine, or $500 fine, if crash-contributing

 2nd Offense1

$250 fine

$500 fine, or $750 fine, if crash-contributing

 3rd or Later Offense1

$500 fine

$750 fine, plus license suspension up to 30 days, or $1,000 fine, plus 60-day suspension, if crash-contributing

 1 If within 24 months of first offense

In addition to the fines illustrated above, an additional penalty assessment of $2 or 24 percent, whichever is greater, is applied to each fine under RSA 265:79-c, III. Fine revenue is credited to the highway fund and penalty assessment revenue is split between the general fund (66.66%), the Victims’ Assistance Fund (16.67%) and the Judicial Branch Information Technology Fund (16.67%).

In FY 2025, the Department of Safety and Judicial Branch report the following fine and penalty assessment revenue collections:

 Fine Revenue - Highway Fund

$458,720 

 Penalty Assessment - General Fund

$73,399 

 Penalty Assessment - Victims' Assistance Fund

$18,352 

 Penalty Assessment - Judicial Branch Information Technology Fund

$18,352 

It is assumed this bill would