H 3276 — SC Hands-Free Act
Last action — Act No. 40
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced December 05, 2024. Enacted.
Signed by Governor Henry McMaster (Republican) on May 12, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
-
19 sponsors
19 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (1 R).
-
Mixed recorded votes
5 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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. - RATIFIED TITLE
Bill Text
What changed in the latest version
2 added · 154 removedPlain-language change summary
The recent amendment to Bill H 3276 changes the penalties for repeat offenders of the hands-free driving law in South Carolina. Specifically, it removes previous provisions and establishes a fixed fine of $200 for a second or subsequent violation, along with two points added to the driver's record. This modification matters because it aims to create a stronger deterrent against distracted driving, which can enhance road safety for everyone.
2025-2026 Bill 3276 Text of Previous Version (Mar.(Dec.
20,06, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3276Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) Indicates Matter Stricken Indicates New Matter Committee ReportA Marchbill 20, 2025TO AMEND H.THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT";
3276 Introduced by Reps.
Pope, Robbins, Chapman, W.
Newton, Taylor, Forrest, McGinnis, Calhoon, Bernstein and Wooten S.
Printed 3/20/25--H.
Read the first time January 14, 2025 ________ The committee on House Judiciary To whom was referred a Bill (H.
3276) 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, etc., respectfully Report:
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, SECTION 2, by striking Section 56-5-3890(D)(1)(b) and (c) and inserting:
(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;
(c) if the violation causes great bodily injury, must be fined one thousand dollars and sentenced to not more than five years.
As used in this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ;
or (d) if the violation causes death, is convicted of a felony and must be fined five thousand dollars and imprisoned not more than five years.
Amend the bill further, SECTION 2, by striking Section 56-5-3890(D)(2) and (3) and inserting:
(2) The Department of Motor Vehicles shall suspend the driver's license of a person who is convicted of violations in subsections (D)(1)(c) and (d).
(3)(2) Excluding violations in subsections (D)(1)(c) and (d), only 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.
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, a violation of this section must not be:
Amend the bill further, SECTION 2, by striking Section 56-5-3890(E)(1) and inserting:
(1) stop a person for a violation of this section except when the officer has probable cause reasonable suspicion 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;
Amend the bill further, by deleting SECTION 3.
Amend the bill further, by striking SECTION 8 and inserting:
SECTION 8. This act takes effect ninety days one year after approval by the Governor.
Renumber sections to conform.
Amend title to conform.
W.
NEWTON for Committee.
statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill enacts the South Carolina Hands-Free and Distracted Driving Act, which prohibits the use of a mobile electronic device while operating a motor vehicle on any public highway in the state, with the exception of an earpiece or device worn on a wrist to conduct voice-based communication. The bill also prohibits the reading, composition, or transmission of text and the viewing of motion. Additionally, the bill specifies that, among other exceptions, the prohibition does not apply to a first responder while performing official duties, reporting an accident or emergency, using navigation, or listening to audio-based content. Further, the bill requires DOT to erect a sign at every highway ingress to advise motorists of the provisions of the bill.
The penalties for a person who is convicted of the provisions of the bill are as follows:
for a first offense, a $100 fine for a second or subsequent offense, a $200 fine and two points assessed against the driver's motor vehicle operating record However, if the second or subsequent violation causes great bodily injury, the person must be fined $1,000 and sentenced to not more than five years. If the second or subsequent violation causes death, the person is convicted of a felony and must be fined $5,000 and imprisoned not more than five years. In both the cases of great bodily injury and death, DMV shall suspend the driver's license of the convicted person.
This bill creates a felony offense and other offenses. As these are new offenses, there are no data to determine the number of new cases that may be heard in the court system.
This bill may result in an increase in the number of court cases and potentially the number of incarcerations, which may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, the Department of Corrections, and PPP. Judicial anticipates that the potential impact of the caseload in court can be managed within existing appropriations.
Additionally, the potential increase in expenses for each agency will depend upon the increase in the number of cases and number of incarcerations.
These agencies indicate that if this bill results in a significant increase in the workload, then an increase in General Fund appropriations may be requested.
Show all 51 changed lines (11 more)
For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.
This fiscal impact statement has been updated to include a response from Judicial.
Department of Motor Vehicles. The bill charges DMV with additional responsibilities that the agency will accomplish with existing staff and resources. Therefore, there is no expenditure impact to DMV. However, DMV indicates that the complex coding changes to its IT system will require at least twelve months to implement and test.
Department of Public Safety. The SC State Transport Police, under DPS, anticipates that enforcing the provisions of the bill will increase agency expenditures by an undetermined amount. However, DPS expects to manage the increase with its existing appropriations. Therefore, there is no expenditure impact to DPS.
Department of Transportation. The bill requires DOT to erect a sign at every interstate highway ingress advising motorists of the provisions of the act. DOT reports that the total cost to erect 658 signs is approximately $90,700. However, the agency expects to be able to manage the requirements of the bill with its existing appropriations.
State Revenue This bill may result in an increase in the fines and fees collected in court. The bill specifies that twenty-five percent of the fines imposed for violations of the bill must go to DPS for educating the public on the dangers of distracted driving. The remaining seventy-five percent of court fines and fees are distributed to the General Fund, Other Funds, and local funds. Therefore, RFA anticipates this bill may result in an increase to General Fund and Other Funds revenue due to the change in fines and fees collections in court.
Local Expenditure This bill may result in an increase in the number of court cases and potentially the number of incarcerations, which may increase the workload of the court system and local jails, depending upon the imprisonment term. The potential increase in expenses will depend upon the increase in the number of cases and number of incarcerations.
The potential increase in expenses for local jails will depend upon the increase in the number of cases and number of incarcerations.
Frank A.
Rainwater, Executive Director Revenue and Fiscal Affairs Office _______ A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS by ENACTing THE "SOUTH CAROLINA HANDS-FREE AND DISTRACTED DRIVING ACT";
----XX---- This web page was last updated on MarchDecember 20,06, 20252024 at 02:2511:06 PMAM
Show all 51 changed rows (11 more)
View plain text versions (9)
Action History
-
Act No. 40
-
Effective date 09/01/25
-
Signed By Governor
-
Ratified R 59
-
Roll call Yeas-77 Nays-37
-
Concurred in Senate amendment and enrolled
-
Debate adjourned until Wed., 5-7-25
-
Read third time and returned to House with amendments
-
Roll call Ayes-40 Nays-0
-
Read second time
-
Amended
-
Committee Amendment Adopted
-
Special order, set for April 29, 2025
-
Committee report: Favorable with amendment Transportation
-
Referred to Committee on Transportation
-
Introduced and read first time
-
Read third time and sent to Senate
-
Roll call Yeas-85 Nays-25
-
Read second time
-
Amended
-
Member(s) request name added as sponsor: Hartnett
-
Member(s) request name removed as sponsor: Gilliard, Rivers
-
Member(s) request name added as sponsor: M.M.Smith
-
Member(s) request name added as sponsor: Hixon
-
Debate adjourned
-
Amended
-
Requests for debate-Rep(s). King, Long, Gibson, Frank, Edgerton, Magnuson, Kilmartin, White, Terribile, Chumley, Cromer, Gilreath, Huff, Williams, McDaniel, Grant, Garvin, Spann-Wilder, Stavrinakis, Rose, Kirby, Hosey, Taylor
-
Member(s) request name removed as sponsor: Henderson-Myers
-
Member(s) request name added as sponsor: Gilliard, Anderson, Rivers, Schuessler
-
Member(s) request name added as sponsor: Ligon
-
Debate adjourned until Thur., 3-27-25
-
Scrivener's error corrected
-
Member(s) request name added as sponsor: Hart, Henderson-Myers, Erickson, Bradley
-
Committee report: Favorable with amendment Judiciary
-
Member(s) request name added as sponsor: Wooten
-
Member(s) request name added as sponsor: Bernstein
-
Member(s) request name added as sponsor: Calhoon
-
Member(s) request name added as sponsor: McGinnis
-
Referred to Committee on Judiciary
-
Introduced and read first time
-
Referred to Committee on Judiciary
-
Prefiled
Sponsors
- Representative Thomas E. "Tommy" Pope · Primary
- Representative Robby Robbins · Primary
- Representative Donald G. "Don" Chapman · Primary
- Representative Wm. Weston J. Newton · Primary
- Representative Bill Taylor · Primary
- Jr. Representative Cally R. "Cal" Forrest · Primary
- Representative Timothy A. "Tim" McGinnis · Primary
- Representative Paula Rawl Calhoon · Primary
- Representative Beth E. Bernstein · Primary
- Representative Chris Wooten · Primary
- Representative Christopher R. "Chris" Hart · Primary
- Representative Shannon S. Erickson · Primary
- Representative Jeff Bradley · Primary
- Representative Thomas R. "Randy" Ligon · Primary
- Representative Carl L. Anderson · Primary
- Carla M. Schuessler · Primary
- Representative William M. "Bill" Hixon · Primary
- Jr. Representative Thomas F. "Tom" Hartnett · Primary
- Representative Marvin "Mark" Smith · Primary
Sponsorship breakdown
Export CSV (upgrade) →19 sponsors · 0 co-sponsors · 151 not signed on · 83 voted No
Sponsors (19)
- Representative Thomas E. "Tommy" Pope Voted No
- Representative Robby Robbins Voted No
- Representative Donald G. "Don" Chapman
- Representative Wm. Weston J. Newton Voted No
- Representative Bill Taylor Voted No
- Representative Cally R. "Cal" Forrest, Jr.
- Representative Timothy A. "Tim" McGinnis Voted No
- Representative Paula Rawl Calhoon Voted No
- Representative Beth E. Bernstein Voted No
- Representative Chris Wooten
- Representative Christopher R. "Chris" Hart Voted No
- Representative Shannon S. Erickson Voted No
- Representative Jeff Bradley Voted No
- Representative Thomas R. "Randy" Ligon
- Representative Carl L. Anderson Voted No
- Carla M. Schuessler Republican
- Representative William M. "Bill" Hixon
- Representative Thomas F. "Tom" Hartnett, Jr. Voted No
- Representative Marvin "Mark" Smith
Co-sponsors (0)
None.
Not signed on (151)
151 members have not signed on to this bill.
Show all 151 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 76 | 33 | 0 | 9 |
| Republican | 1 | 1 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Total | 77 | 36 | 0 | 9 |
| % of votes cast | 63% | 30% | 0% | 7% |
How each member voted (122)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 3 |
| Total | 40 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (43)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 79 | 0 | 21 |
| Republican | 0 | 1 | 0 | 1 |
| Democrat | 0 | 1 | 0 | 1 |
| Total | 18 | 81 | 0 | 23 |
| % of votes cast | 15% | 66% | 0% | 19% |
How each member voted (122)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 83 | 24 | 0 | 11 |
| Democrat | 1 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 1 |
| Total | 84 | 25 | 0 | 13 |
| % of votes cast | 69% | 20% | 0% | 11% |
How each member voted (122)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 66 | 28 | 0 | 23 |
| Republican | 2 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 70 | 28 | 0 | 23 |
| % of votes cast | 58% | 23% | 0% | 19% |
How each member voted (121)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 35 | 0 | 30 |
| Republican | 1 | 1 | 0 | 0 |
| Democrat | 0 | 2 | 0 | 0 |
| Total | 53 | 38 | 0 | 30 |
| % of votes cast | 44% | 31% | 0% | 25% |
How each member voted (121)
Subjects
Frequently asked questions
- What does H 3276 do?
- 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. - RATIFIED TITLE
- Who sponsors H 3276?
- H 3276 is sponsored by Representative Thomas E. "Tommy" Pope, Representative Robby Robbins, Representative Donald G. "Don" Chapman, Representative Wm. Weston J. Newton, Representative Bill Taylor, Representative Cally R. "Cal" Forrest, Jr., Representative Timothy A. "Tim" McGinnis, Representative Paula Rawl Calhoon, Representative Beth E. Bernstein, Representative Chris Wooten, Representative Christopher R. "Chris" Hart, Representative Shannon S. Erickson, Representative Jeff Bradley, Representative Thomas R. "Randy" Ligon, Representative Carl L. Anderson, Carla M. Schuessler (Republican), Representative William M. "Bill" Hixon, Representative Thomas F. "Tom" Hartnett, Jr., and Representative Marvin "Mark" Smith.
- What is the current status of H 3276?
- This bill has been enacted into law. Introduced December 05, 2024. Enacted.
- Where can I track H 3276?
- Track H 3276 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on H 3276
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of H 3276
Last checked for changes about 2 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →