SENATE BILL NO. 792


   October 6, 1999, Introduced by Senators HAMMERSTROM and 
        MC COTTER 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


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 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



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

 2    other material.




















































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