Bill Text - HB1308 (2026)

Relative to increasing the penalty for passing a stopped school bus.


Revision: March 10, 2026, 11:29 a.m.

HB 1308-FN - AS AMENDED BY THE HOUSE

 

5Mar2026... 0523h

2026 SESSION

26-2882

06/09

 

HOUSE BILL 1308-FN

 

AN ACT relative to increasing the penalty for passing a stopped school bus.

 

SPONSORS: Rep. Giasson, Hills. 29; Rep. Layon, Rock. 13; Rep. Litchfield, Rock. 32; Rep. Markell, Rock. 18; Rep. Mazur, Hills. 44; Rep. Miller, Straf. 21; Rep. Reinfurt, Hills. 29; Rep. Sabourin dit Choiniere, Rock. 30

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill increases penalties for unlawfully passing a stopped school bus, authorizes bus camera footage as identification evidence, and mandates license suspension for first and repeat offenses.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Mar2026... 0523h 26-2882

06/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to increasing the penalty for passing a stopped school bus.

 

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

 

1  Overtaking and Passing School Bus.  Amend RSA 265:54, I-a and I-b to read as follows:  

I-a.  Testimony under oath from the school bus driver or other witness that a vehicle failed to stop and remain stopped as required by paragraph I shall be sufficient evidence to prove that the owner of the vehicle was driving and has violated the provisions of paragraph I, unless such evidence is rebutted or contradicted.  The camera footage from the bus may be used as evidence to identify the vehicle owner or operator and shall be made available by subpoena to law enforcement and the county attorney.  Any video recording shall be used for the sole purpose of supplementing observations and sworn statements of a school bus driver or operator, including for purposes of identification of vehicles and operators responsible for school bus law violations.  The owner of a vehicle cited for a school bus law violation shall also have access to the recording or to a copy of the recording, if requested.  

I-b. Except as provided in paragraph IV, a person who violates the provisions of paragraph I shall be guilty of a [violation] class B misdemeanor and shall be fined [$150] $300 plus penalty assessment for a first offense[, and shall be fined not less than $250 nor more than $1,000 for a subsequent offense. In addition, the director may suspend the person's license to drive or nonresident driving privilege for a period of 30 days for a second or subsequent offense.] In addition, the director shall suspend the person’s license to drive or nonresident driving privilege for a period of 7 days for the first offense.  

I-c.  Except as provided in paragraph IV, a person who violates the provisions of paragraph I, a second or subsequent time shall be guilty of a class A misdemeanor, and shall be fined not less than $750. Unless the court determines that exceptional circumstances exist, the person's driver's license or privilege to drive shall be revoked for a period of not less than 30 days.  

I-d.  Except as provided in paragraph IV, a person who violates the provisions of paragraph I, a third or subsequent time shall be guilty of a class A misdemeanor, and shall be fined not less than $750.  The person shall be sentenced to a mandatory sentence of not less than 15 consecutive days in the county correctional facility.  The person's driver's license or privilege to drive shall be revoked indefinitely and shall not be restored for at least one year.  At the end of the minimum revocation period the person may petition the court for eligibility to reapply for a driver's license only after completing a driver safety course.  

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

 

LBA

26-2882

03/10/2026

 

HB 1308-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2026-0523h)

 

AN ACT relative to increasing the penalty for passing a stopped school bus.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

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 adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association