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HB 0226 - Obscenity crimes; distribution of obscene materials; insert new provisions

Tracking Level: Monitor
Sponsor: Ralston,David 7th
Last Action: 1/14/2008 - Senate Recommitted
House Committee: JudyNC
Senate Committee: JUDY

Staff Analysis of the Legislation

 

House Bill 226

 

Chair�s Name: David Ralston

 

Committee: Judiciary Non-Civil

 

House Sponsor: David Ralston

 

HB 226 changes the code section relating to criminal distribution and dissemination of obscene materials by adding �she� in places referencing �he� to include women as offenders.  HB 226 adds those working in an official capacity in a public library as eligible for an affirmative defense. 

 

This substitution received a Do Pass recommendation from the Judiciary Non-Civil Committee and comes to the House Floor under the Modified Open Rule.

 

Chairman Ralston�s opinion of this legislation:

 

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

To amend provisions related to criminal distribution of obscene materials to provide that it is an affirmative defense that selling, lending, leasing, advertising, publishing, exhibiting or otherwise disseminating the material was restricted  to a person associated with an institution of higher education or a person working in an official capacity in a public library

 

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Current law only provides that the �dissemination� of obscene material is an affirmative offense.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text