SENATE BILL No. 221

February 20, 2001, Introduced by Senator HAMMERSTROM and referred to the Committee

on Judiciary.

A bill to amend 1978 PA 33, entitled

"An act to prohibit the dissemination, exhibiting, or displaying

of certain sexually explicit matter to minors; to prohibit cer-

tain misrepresentations facilitating the dissemination of sexu-

ally explicit matter to minors; to provide penalties; to provide

for declaratory judgments and injunctive relief in certain

instances; to impose certain duties upon prosecuting attorneys

and the circuit court; to preempt local units of government from

proscribing certain conduct; and to repeal certain acts and parts

of acts,"

by amending section 6 (MCL 722.676), as amended by 1999 PA 33.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 6. Section 5 does not apply to the dissemination of

2 sexually explicit matter to a minor by any of the following:

3 (a) A parent or guardian who disseminates sexually explicit

4 matter to his or her child or ward.

5 (b) A teacher or administrator at a public or private

6 elementary or secondary school that complies with the revised

7 school code, 1976 PA 451, MCL 380.1 to 380.1852, and who

01446'01 TVD

2

1 disseminates sexually explicit matter to a student as part of a

2 school program permitted by law.

3 (c) A licensed physician or licensed psychologist who dis-

4 seminates sexually explicit matter in the treatment of a

5 patient.

6 (d) A librarian employed by a library of a public or pri-

7 vate elementary or secondary school that complies with the

8 revised school code, 1976 PA 451, MCL 380.1 to 380.1852, or

9 employed by a public library, who disseminates sexually explicit

10 matter in the course of that person's employment WITH ANY OF THE

11 FOLLOWING:

12 (i) A LIBRARY OF A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY

13 SCHOOL THAT COMPLIES WITH THE REVISED SCHOOL CODE, 1976 PA 451,

14 MCL 380.1 TO 380.1852.

15 (ii) A PUBLIC LIBRARY, INCLUDING, BUT NOT LIMITED TO, A

16 LIBRARY ESTABLISHED BY A PUBLIC OR PRIVATE COMMUNITY COLLEGE,

17 COLLEGE, OR UNIVERSITY.

18 (iii) A LIBRARY ESTABLISHED BY A PUBLIC OR PRIVATE COMMUNITY

19 COLLEGE, COLLEGE, OR UNIVERSITY THAT IS NOT A PUBLIC LIBRARY.

20 (e) Any A public or private college or university or any

21 other ANOTHER person who disseminates sexually explicit matter

22 for a legitimate medical, scientific, governmental, or judicial

23 purpose.

24 (f) A person who disseminates sexually explicit matter that

25 is a public document, publication, record, or other material

26 issued by a state, local, or federal official, department, board,

27 commission, agency, or other governmental entity, or an accurate

01446'01

3

1 republication of such a public document, publication, record, or

2 other material.

01446'01 Final page. TVD