SB 649-FN - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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:
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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 increase revenue to all four funds illustrated above, however the amount of a potential increase is indeterminable as the number of infractions cannot be predicted as it is unknown if this bill will change driver behavior.
The Department of Safety states this bill will require updates to its systems and processes to reflect the new fine structure and license suspension protocols. This includes updated software and configuration changes, user acceptance testing (UAT), and production deployment with post-implementation support. The DMV estimates a one-time expenditure of $48,000 to implement these changes.
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:
Department of Safety, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 13, 2026 | Senate | Hearing |
| Senate | Floor Vote |
Jan. 29, 2026: Ought to Pass: MA, VV; OT3rdg; 01/29/2026; SJ 2
Jan. 15, 2026: Committee Report: Ought to Pass, 01/29/2026; Vote 4-0; CC; SC 3
Dec. 9, 2025: Hearing: 01/13/2026, Room 122-123, SH, 02:00 pm; SC 46
Nov. 25, 2025: Introduced 01/07/2026 and Referred to Transportation; SJ 1