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Committee weighs higher penalties for handheld device use as part of broader distracted‑driving effort

House Criminal Justice and Public Safety Committee · March 18, 2026
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Summary

SB 649 would increase fines and add license consequences for repeat handheld‑device violations and crashes involving device use; AAA and law‑enforcement witnesses urged pairing stricter penalties with education and targeted enforcement.

Sen. Donovan Fenton introduced SB 649 to raise fines and strengthen penalties for drivers who use handheld mobile devices while operating a vehicle, with enhanced sanctions for repeat violations and cases where device use contributes to a crash.

AAA, law enforcement chiefs, and the State Police testified in favor, arguing a three‑part approach — law, enforcement, and public education — is needed to change behavior. Dan Goodman of AAA cited national statistics showing thousands of distracted‑driving deaths and NH survey data suggesting many drivers still admit to risky device use despite recognizing the danger.

State Police and local chiefs described saturation patrols and targeted enforcement campaigns but said stronger statutory penalties help create a deterrent backdrop. Capt. Matt Amatuchi testified that mobile‑device use was a leading contributor to distracted‑driving crashes and that subpoenas and device records are sometimes used in serious‑crash investigations.

Legislators asked about fine amounts, definitions (what constitutes handheld use vs permitted functions like plugged‑in navigation), and enforcement mechanics. Police witnesses noted they can stop for handheld use as a primary offense and that evidence practices differ for violations versus major crash investigations.

What’s next: Committee members signaled interest in amendments to clarify definitions (hands‑free exceptions for GPS that is not manipulated while driving) and to pair penalties with public education.