South Carolina H 3536: South Carolina Hands Free Act

Bill Text

2025-2026 Bill 3536 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3536

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 ENACTING THE 
"SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT" BY ADDING SECTION 
56-5-3995 SO AS TO PROVIDE THE CIRCUMSTANCES UPON WHICH IT IS UNLAWFUL TO USE WIRELESS 
TELECOMMUNICATIONS DEVICES, TO CREATE THE OFFENSE OF DISTRACTED DRIVING, AND TO 
PROVIDE PENALTIES; BY AMENDING SECTION 56-1-720, RELATING TO THE POINT SYSTEM 
ESTABLISHED AND A SCHEDULE OF POINTS FOR VIOLATIONS, SO AS TO PROVIDE A SECOND 
OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION; TO 
PROVIDE THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SIGNS ADVISING MOTORISTS 
OF THE PROVISIONS OF THIS ACT; BY REPEALING SECTION 56-5-3890 RELATING TO 
UNLAWFUL USE OF A WIRELESS ELECTRONIC COMMUNICATION DEVICE WHILE OPERATING A 
MOTOR VEHICLE; TO PROVIDE LAW ENFORCEMENT OFFICERS SHALL ISSUE WARNINGS FOR 
CERTAIN VIOLATIONS OF THIS ACT DURING THE NINETY-DAY PERIOD FOLLOWING ITS 
EFFECTIVE DATE; AND TO PROVIDE AT THE END OF EACH FISCAL YEAR, THE DEPARTMENT 
OF PUBLIC SAFETY SHALL ISSUE A REPORT CONTAINING THE AGE, GENDER, AND RACE OF 
EVERY DRIVER ISSUED A CITATION.

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. Chapter 5, Title 56 of the S.C. Code is amended by 
adding:

 Section 
56-5-3995. (A) For purposes of this 
section:

 "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) 
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; or

 (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 motor vehicle operator who is:

 (1) 
lawfully parked or stopped;

 (2) 
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) 
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 first responder while performing official duties;

 (6) using a mobile electronic device 
for the purpose of:

 (a) 
navigation, listening to audio-based content, or obtaining traffic and road 
condition information in a manner that does not require the operator to type, 
provided that the device is not held by the operator or supported with any part 
of the body by the operator;

 (b) 
using a mobile electronic device to initiate or end a cellular call in a manner 
that does not require the operator to type, provided that the device is not 
held by the operator or supported with any part of the body by the operator; or

 (c) 
unlocking the device for a purpose listed in subitems (a) or (b), provided that 
the device is not held by the operator or supported with any part of the body 
by the operator; or

 (7) 
using equipment or services installed by the original manufacturer of the 
vehicle.

 (D)(1) A person who is adjudicated to be 
in violation of this section is guilty of distracted driving and, upon 
conviction:

 (a) 
for a first offense, must be fined one hundred dollars, no part of which may be 
suspended; and

 (b) 
for a second or subsequent offense, must be fined two hundred dollars, no part 
of which may be suspended, and must have two points assessed against his motor 
vehicle operating record.

 (2) 
Only those offenses which occurred within three years, including and 
immediately preceding the date of the last offense, shall constitute prior 
offenses within the meaning of this subsection.

 (3) 
The Department of Public Safety must receive twenty-five percent of the fines 
imposed for violations of this section. Funds provided to t