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GA SB74

Harmful Materials to Minors; exemption for libraries and librarians from the provisions of Code Section 16-12-103; repeal


summary

Introduced
02/03/2025
In Committee
02/26/2025
Crossed Over
03/03/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to sale or distribution of harmful materials to minors, so as to repeal an exemption for libraries and librarians from the provisions of Code Section 16-12-103, relating to selling, loaning, distributing, or exhibiting materials harmful to minors; to provide that any violation of such Code section shall be a misdemeanor of a high and aggravated nature when committed knowingly; to provide for a defense for librarians who make good faith attempts to identify and remove material harmful to minors; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

AI Summary

This bill removes the existing exemption for public libraries, school libraries, college libraries, and university libraries from regulations concerning materials deemed harmful to minors under Georgia Code Section 16-12-103. The legislation modifies penalties by specifying that violations must be committed "knowingly" and classifies such violations as a misdemeanor of a high and aggravated nature. Importantly, the bill provides a legal defense for library employees who can demonstrate they made a good faith effort to identify and remove materials harmful to minors. The new law will become effective on July 1, 2025, and will apply to any legal motions, hearings, or trials initiated on or after that date. By removing the previous library exemption, the bill increases potential legal accountability for libraries regarding materials that might be considered inappropriate for minors, while simultaneously offering a protective provision for library staff who are actively working to manage such content responsibly.

Committee Categories

Education, Justice

Sponsors (17)

Last Action

House Judiciary Non-civil (15:00:00 3/25/2025 132 CAP) (on 03/25/2025)

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