South Carolina S 90: South Carolina Hands-free Act

Bill Text

2025-2026 Bill 90 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 90

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT"; BY AMENDING SECTION 
56-5-3890, RELATING TO THE UNLAWFUL USE OF A WIRELESS TELECOMMUNICATIONS DEVICE 
WHILE OPERATING A MOTOR VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH 
IT IS UNLAWFUL TO USE A WIRELESS TELECOMMUNICATIONS DEVICE, TO CREATE THE 
OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, AND TO MAKE TECHNICAL REVISIONS; 
AND BY AMENDING SECTION 56-1-720, RELATING TO POINTS THAT MAY BE ASSESSED 
AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, SO AS 
TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A 
TWO-POINT VIOLATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL 
NOTIFY MOTORISTS OF THE HANDS-FREE REQUIREMENTS AT CERTAIN POINTS ALONG THE 
STATE'S INTERSTATE HIGHWAYS, AND TO DEFINE NECESSARY TERMS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "South Carolina Hands-Free and Distracted 
Driving Act".

SECTION 2. Section 56-5-3890 of the S.C. Code is amended to read:

 Section 
56-5-3890. (A) For purposes of this 
section:,

 (1) "Hands-free wireless 
electronic communication device" means an electronic device, including, but not 
limited to, a telephone, a personal digital assistant, a text-messaging device, 
or a computer, which allows a person to wirelessly communicate with another 
person without holding the device in either hand by utilizing an internal 
feature or function of the device, an attachment, or an additional device. A 
hands-free wireless electronic communication device may require the use of 
either hand to activate or deactivate an internal feature or function of the 
device.

 (2) "Text-based 
communication" means a communication using text-based information, including, 
but not limited to, a text message, an SMS message, an instant message, or an 
electronic mail message.

 (3) "Wireless electronic 
communication device" means an electronic device, including, but not limited 
to, a telephone, a personal digital assistant, a text-messaging device, or a 
computer, which allows a person to wirelessly communicate with another person.

 "Mobile 
electronic device" means a cellular telephone, portable computer, GPS receiver, 
electronic game, or any substantially similar stand-alone electronic device used 
to communicate, display, or record digital content. "Mobile electronic device" 
does not include a citizens band radio, amateur radio, ham radio, commercial 
two way radio or its functional equivalent, subscription-based emergency 
communication device, or prescribed medical device.

 (B) It is unlawful for a person to use a wireless electronic 
communication device to compose, send, or read a text-based communication while 
operating a motor vehicle on the public streets and highways of this State. While operating a motor vehicle on any public highway of this 
State, a person shall not:

 (1) hold or support, with any part of 
the body, a mobile electronic device. This provision does not prohibit the use 
of an earpiece or device worn on a wrist to conduct voice-based communication;

 (2) read, compose, or transmit any 
text including, but not limited to, a text message, email, application 
interaction, or website information on a mobile electronic device;

 (3) watch motion including, but not 
limited to, a video, movie, game, or video call on a mobile electronic device.

 (C) 
This section does not apply to a person motor vehicle operator who is:

 (1) 
lawfully parked or stopped;

 (2) using a hands-free wireless electronic communication device initiating a voice based communication that is automatically 
converted by the device and sent as text, provided that the device is not held 
by the operator or supported with any part of the body by the operator;

 (3) summoning emergency assistance 
reporting an accident, emergency, or safety hazard to a public safety official;

 (4) 
transmitting or receiving data as part of a digital dispatch system while performing occupational duties;

 (5) 
a public safety official while in the performance of the 
person's person's a first responder while 
performing official duties; or

 (6) 
using a global positioning system device or an internal 
global positioning system feature or function of a wireless electronic 
communication mobile electronic device for 
the purpose of

 (a) navigation, listening to audio-based content, or obtaining related traffic and road condition information. in a manner that does not require 
the operator to type, provided that the device is not held by th