South Carolina H 3276: SC Hands-Free Act

Bill Text

2025-2026 Bill 3276 Text of Previous Version (Apr. 30, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3276

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

April 30, 2025

H. 3276

Introduced by Reps. Pope, Robbins, Chapman, W. 
Newton, Taylor, Forrest, McGinnis, Calhoon, Bernstein, Wooten, Hart, Erickson, 
Bradley, Ligon, Anderson, Schuessler, Hixon, M. M. Smith and Hartnett 

S. Printed 4/30/25--S.

Read the first time April 15, 2025

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE 
"SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT"; BY AMENDING SECTION 
56-5-3890, RELATING TO UNLAWFUL USE OF A WIRELESS ELECTRONIC COMMUNICATION 
DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THE CIRCUMSTANCES 
UNDER WHICH IT IS UNLAWFUL TO USE A WIRELESS MOBILE ELECTRONIC 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.

 Amend Title To Conform

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

SECTION 1. This act may be referred to and 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 StateWhile 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 personmotor 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 or while conducting 
network performance testing or testing required by the Federal Communications 
Commission;

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

performing official 
duties; or

 (6) 
using a global positioning system device or an internal 
global po