South Carolina H 3137: Texting while driving

Bill Text

2025-2026 Bill 3137 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3137

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 BY AMENDING 
SECTION 56-5-3890, RELATING TO UNLAWFUL USE of WIRELESS ELECTRONIC 
COMMUNICATION DEVICES WHILE OPERATING MOTOR VEHICLES, SO AS TO DEFINE THE TERM 
"GREAT BODILY INJURY," AND REVISE THE PENALTIES FOR VIOLATIONS.

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

SECTION 1. 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.

 (4) "Great bodily injury" means bodily 
injury which creates a substantial risk of death or which causes serious 
permanent disfigurement, or protracted loss of, or impairment of the function 
of a bodily member or organ.

 (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.

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

 (1) 
lawfully parked or stopped;

 (2) 
using a hands-free wireless electronic communication device;

 (3) 
summoning emergency assistance;

 (4) 
transmitting or receiving data as part of a digital dispatch system;

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

 (6) 
using a global positioning system device or an internal global positioning 
system feature or function of a wireless electronic communication device for 
the purpose of navigation or obtaining related traffic and road condition 
information.

 (D)(1) A person who is adjudicated to be in violation of the 
provisions of this section must be fined not more than 
twenty-five dollars,:

 (1) fifty dollars if no bodily injury, 
death, or property damage results:

 (2) two hundred-fifty dollars if 
property damage or bodily injury, but no great bodily injury or death results: 
or

 (3) one thousand dollars if great 
bodily or death results.

 noNo part of which a penalty imposed may 
be suspended. No court costs, assessments, or surcharges may be assessed 
against a person who violates a provision of this section. A person must not be fined more than fifty dollars for any one 
incident of one or more violations of the provisions of this section. A 
custodial arrest for a violation of this section must not be made, except upon 
a warrant issued for failure to appear in court when summoned or for failure to 
pay an imposed fine. A violation of this section does not constitute a criminal 
offense. Notwithstanding Section 56-1-640, aA violation of this section must not be:

 (a) 
included in the offender's motor vehicle records maintained by the Department 
of Motor Vehicles or in the criminal records maintained by SLED; or

 (b) 
reported to the offender's motor vehicle insurer.

 (2) 
During the first one hundred eighty days after this section's effective date, 
law enforcement officers shall issue only warnings for violations of this 
section.

 (E) 
A law enforcement officer shall not:

 (1) 
stop a person for a violation of this section except when the officer has 
probable cause that a violation has occurred based on the officer's clear and 
unobstructed view of a person who is using 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;

 (2) 
seize, search, view, or require the forfeiture of a wireless electronic 
communication device because of a violation of this section;

 (3) 
search or request to search a motor vehicle, driver, or passenger in a motor 
vehicle, solely because of a