South CarolinaH 3276126th General Assembly (2025-2026)HouseWALLET

AN ACT 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 WIRELESS ELECTRONIC COMMUNICATION DEVICES WHILE OPERATING MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS, TO DEFINE THE TERM "MOBILE ELECTRONIC DEVICE," TO PROVIDE THE CIRCUMSTANCES WHEN MOBILE ELECTRONIC DEVICES MAY NOT BE USED WHILE OPERATING A MOTOR VEHICLE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, TO PROVIDE FOR THE DISBURSEMENT OF FINES IMPOSED PURSUANT TO THIS SECTION, TO PROVIDE THE CIRCUMSTANCES UPON WHICH THIS SECTION MAY BE ENFORCED, TO PROVIDE FOR THE SHARING OF CERTAIN INFORMATION WITH THE DEPARTMENT OF PUBLIC SAFETY, AND TO PROVIDE THIS SECTION IS NOT SUBJECT TO PROVISIONS RELATED TO CITIZENS ARRESTS; 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 THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SIGNS ADVISING MOTORISTS OF THE PROVISIONS OF THIS ACT; TO PROVIDE ONLY WARNINGS MAY BE ISSUED FOR CERTAIN VIOLATIONS FOR A CERTAIN PERIOD; AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY SHALL FILE A REPORT WITH CERTAIN OFFICIALS CONTAINING INFORMATION ABOUT PERSONS STOPPED PURSUANT TO THIS ACT.

Sponsored By: Thomas E. "Tommy" Pope (Republican)

Signed by Governor

Summary

SC Hands-Free Act

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Limits on stops and phone searches

Beginning September 1, 2025, officers can stop you for this violation only if they clearly see you using a device unlawfully. They cannot seize or search your phone, or search your car or passengers, solely for this violation. You cannot be taken into custody just for this violation unless there is a warrant for missing court or not paying a fine.

Warning period and highway signs

From September 1, 2025 through February 28, 2026, officers issue warnings only for violations of this law. The Department of Transportation must post signs at every interstate entrance to tell drivers about the law.

Fines and points for distracted driving

Starting September 1, 2025, a first distracted driving conviction carries a $100 fine (not suspendable). A second or later conviction within three years carries a $200 fine (not suspendable) and adds two points to your driving record. Only convictions in the three years before the latest offense count as priors. Twenty-five percent of fines go to the Department of Public Safety to fund public education about this law.

Hands-free phone rules for drivers

Beginning September 1, 2025, you cannot hold a phone or similar device while driving on public highways. You also cannot read or send texts, emails, app content, or watch videos while driving. The law defines covered devices, like phones, portable computers, GPS units, and handheld games, and excludes certain radios and medical devices. You may use hands-free voice features, navigation or audio without typing, vehicle built-in systems, or report emergencies, as long as you do not hold the device. First responders and some dispatch uses are allowed, and use is allowed when you are lawfully parked or stopped.

One statewide rule; only police enforce

Starting September 1, 2025, state law overrides local rules on mobile device use while driving. Cities and counties cannot set different rules. Private citizens cannot make citizen arrests for these violations; only law enforcement enforces the law.

Sponsors & Cosponsors

Sponsor

  • Thomas E. "Tommy" Pope

    Republican • House

Cosponsors

  • Carl L. Anderson

    Democrat • House

  • Beth E. Bernstein

    Democrat • House

  • Jeff Bradley

    Republican • House

  • Paula Rawl Calhoon

    Republican • House

  • Donald G. "Don" Chapman

    Republican • House

  • Shannon S. Erickson

    Republican • House

  • Cally R. "Cal" Forrest, Jr.

    Republican • House

  • Christopher R. "Chris" Hart

    Democrat • House

  • Thomas F. "Tom" Hartnett, Jr.

    Republican • House

  • William M. "Bill" Hixon

    Republican • House

  • Thomas R. "Randy" Ligon

    Republican • House

  • Marvin "Mark" Smith

    Republican • House

  • Timothy A. "Tim" McGinnis

    Republican • House

  • Robby Robbins

    Republican • House

  • Carla M. Schuessler

    Republican • House

  • Bill Taylor

    Republican • House

  • Wm. Weston J. Newton

    Republican • House

  • Chris Wooten

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 343 • No: 212

House vote • 5/7/2025

(SC Hands-Free Act)Concur in Senate Amendments

Yes: 77 • No: 37

Senate vote • 4/30/2025

(SC Hands-Free Act)2nd Reading

Yes: 40 • No: 0

House vote • 4/9/2025

(SC Hands-Free Act)Passage of Bill

Yes: 85 • No: 25

House vote • 4/9/2025

(SC Hands-Free Act)Table Amendment 7  Amendment number 7

Yes: 18 • No: 82

House vote • 3/27/2025

(SC Hands-Free Act)Adopt Amendment 1  Amendment number 1

Yes: 70 • No: 29

House vote • 3/27/2025

(SC Hands-Free Act)Table Motion to Adjourn Debate

Yes: 53 • No: 39

Actions Timeline

  1. Act No. 40

    5/19/2025legislature
  2. Effective date 09/01/25

    5/19/2025legislature
  3. Signed By Governor

    5/12/2025Governor
  4. Ratified R 59

    5/8/2025legislature
  5. Roll call Yeas-77 Nays-37

    5/7/2025House
  6. Concurred in Senate amendment and enrolled

    5/7/2025House
  7. Debate adjourned until Wed., 5-7-25

    5/6/2025House
  8. Read third time and returned to House with amendments

    5/1/2025Senate
  9. Roll call Ayes-40 Nays-0

    4/30/2025Senate
  10. Read second time

    4/30/2025Senate
  11. Amended

    4/30/2025Senate
  12. Committee Amendment Adopted

    4/30/2025Senate
  13. Special order, set for April 29, 2025

    4/29/2025Senate
  14. Committee report: Favorable with amendment Transportation

    4/16/2025Senate
  15. Referred to Committee on Transportation

    4/15/2025Senate
  16. Introduced and read first time

    4/15/2025Senate
  17. Read third time and sent to Senate

    4/10/2025House
  18. Roll call Yeas-85 Nays-25

    4/9/2025House
  19. Read second time

    4/9/2025House
  20. Amended

    4/9/2025House
  21. Member(s) request name added as sponsor: Hartnett

    4/9/2025House
  22. Member(s) request name removed as sponsor: Gilliard, Rivers

    4/9/2025House
  23. Member(s) request name added as sponsor: M.M.Smith

    4/3/2025House
  24. Member(s) request name added as sponsor: Hixon

    4/1/2025House
  25. Debate adjourned

    3/27/2025House

Bill Text

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