January 29, 2003, 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
certain misrepresentations facilitating the dissemination of
sexually 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
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
4 disseminates sexually explicit matter in the treatment of a
5 patient.
6 (d) A librarian employed
by a library of a public or private
7 elementary or
secondary school that complies with the revised
8 school code, 1976 PA
451, MCL 380.1 to 380.1852, or employed by a
9 public library, who disseminates sexually explicit matter in the
10 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
1 republication of such a public document, publication, record, or
2 other material.