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1076Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20000126Primary Sponsor: FairAll Sponsors: Fair, Thomas and J. Verne SmithDrafted Document Number: l:\council\bills\psd\7048som00.docCompanion Bill Number: 4865Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Indecent material, public libraries not to disseminate to minors; Crimes and Offenses, ObscenityHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000407 Companion Bill No. 4865 Senate 20000126 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-15-385, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSEMINATING HARMFUL MATERIAL TO MINORS, SO AS TO DELETE PUBLIC LIBRARY FROM THE LIST OF GOVERNMENT AGENCIES CARRYING OUT THEIR LEGITIMATE FUNCTIONS WHO ARE GRANTED AN AFFIRMATIVE DEFENSE FROM PROSECUTION UNDER THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-15-385(C)(2) of the 1976 Code, as last amended by Act 358 of 1990, is further amended to read:
"(2) the defendant was a school, church, museum,
public, school, college, or university library, government agency, medical clinic, or hospital carrying out its legitimate function, or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment."
SECTION 2. All proceedings pending and rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and may be consummated according to the law in force when they were commenced. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.
SECTION 3. This act takes effect upon signature of the Governor.
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