ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: GOV DPA 4-3-0-0 | Third Read 16-11-3-0-0

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note


SB 1567: sexually explicit materials; government; prohibition

Sponsor: Senator Hoffman, LD 15

Committee on Government

Overview

Prohibits Arizona, outlined entities and their contractors from exposing minors to sexually explicit materials or using a facility owned, leased or managed by such entities for filming or facilitating sexually explicit acts.

History

An Arizona public school cannot refer students to or use any sexually explicit material in any manner. Certain materials are exempted from the prohibition if all of the following apply: 1) the material possesses serious educational value for minors or possesses serious literary, artistic, political or scientific value; 2) the public school requires written parental consent prior to referring students to or using exempted material; and 3) the public school provides students who did not receive parental consent an alternative assignment. Sexually explicit materials include textual, visual or audio materials or materials accessed via any other medium that depict any of the following: 1) sexual conduct; 2) sexual excitement; or 3) ultimate sexual acts (A.R.S. § 15-120.03).

A class 5 felony's penalties vary depending on prior felony offenders, dangerous crimes or dangerous crimes against children. A typical first time felony offender's sentence for a class 5 felony includes a range of  nine months to two years in prison and up to three years of probation (A.R.S. §§ 13-702, 13-902).

Provisions

1.   Prohibits Arizona, an Arizona agency, municipality, county, political subdivision or their contractors from exposing minors to sexually explicit materials. (Sec. 1)

2.   Prevents a facility or property owned, leased or managed by such persons or entities from being used for filming or facilitating sexually explicit acts. (Sec. 1)

3.   Classifies an individual acting with criminal negligence in violation of this legislation as guilty of a class 5 felony. (Sec. 1)

4.   Directs Arizona, an Arizona agency, municipality, county or political subdivision to require any employee or independent contractor of such entities to sign a form acknowledging that they have read this legislation. (Sec. 1, 2)

5.   Asserts that this legislation does not apply to sexually explicit materials that may be displayed or discussed in connection with a court proceeding when a minor has a legal right or obligation to be present. (Sec. 1)

6.   Defines pertinent terms. (Sec. 1)

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10.  Initials ML/MN               SB 1567

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