This bill amends the existing law regarding the use of mobile electronic devices while driving, establishing that such an offense will be classified as a secondary offense. Specifically, the new legal language inserted into RSA 265:79-c states that enforcement of this section by law enforcement agencies can only occur when a driver has been stopped for a suspected violation of another provision of Title XXI or another offense. This change effectively limits the circumstances under which a driver can be penalized for using a mobile device while driving, making it necessary for law enforcement to have another reason for the stop before addressing the mobile device usage.

The bill is set to take effect on January 1, 2026, and it is anticipated to have indeterminable fiscal impacts on state and local governments, particularly concerning judicial and correctional systems. The estimated revenue and expenditures for the state and counties are projected to be $0 for the fiscal years 2025 through 2028, but the costs associated with prosecution, incarceration, probation, and parole may vary. The bill has been reviewed by various agencies, including the Judicial Branch and the Department of Justice, to assess its potential implications.

Statutes affected:
Introduced: 265:79-c