South Carolina General Assembly
115th Session, 2003-2004

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Bill 4703


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 CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3895 SO AS TO PROHIBIT A PERSON FROM OPERATING A MOTOR VEHICLE WHILE USING A MOBILE OR CELLULAR PHONE UNLESS THE PHONE IS USED IN A "HANDS FREE" MANNER AND TO DEFINE THIS TERM AND TO PROVIDE PENALTIES.

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

SECTION    1.    Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3895.    (A)    It is unlawful for a person to operate a motor vehicle while using a mobile or cellular phone unless the phone is used in a 'hands free' manner.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty dollars or imprisoned for not more than ten days.

(C)    For purposes of this section, 'hands free manner' means that, other than the initial engaging or the disengaging of the phone or a call, the phone can be used without the use of one's hands including, but not limited to, the use of a headset or an audio system."

SECTION    2.    This act takes effect upon approval by the Governor.

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