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Bill 1076

                    Current Status

Bill Number:                      1076
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000126
Primary Sponsor:                  Fair
All Sponsors:                     Fair, Thomas and J. Verne Smith
Drafted Document Number:          l:\council\bills\psd\7048som00.doc
Companion Bill Number:            4865
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Indecent material, public libraries not 
                                  to disseminate to minors; Crimes and Offenses, 
                                  Obscenity


                        History

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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