Relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and school libraries, civil actions to determine obscenity, and providing penalties

This bill relates to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and school libraries and civil actions to determine obscenity. The bill requires a school to designate at least one administrator to ensure that no obscene material or hard-core pornography is present and available to students in a library operated by the school that the administrator supervises or directs. The bill prohibits an administrator from knowingly providing obscene material to a student in a library operated by the school that the administrator supervises or directs. The bill provides that an administrator who violates this provision is guilty of a serious misdemeanor. Additionally, the bill prohibits an administrator from knowingly providing hard-core pornography to a student in a library operated by the school that the administrator supervises or directs. The bill provides that an administrator who violates this provision is guilty of an aggravated misdemeanor. The bill also prohibits a teacher from knowingly requiring a student to read or view obscene material as part of the teacher’s instructional program or curriculum. The bill provides that a teacher who violates this provision is guilty of a serious misdemeanor. The bill prohibits a teacher from knowingly requiring a student to read or view hard-core pornography as part of the teacher’s instructional program or curriculum. The bill provides that a teacher who violates this provision is guilty of an aggravated misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill requires the board of educational examiners to adopt rules that require the board to disqualify an applicant for a license or to revoke a person’s license for a violation of these provisions. The bill authorizes a parent or guardian of a student alleging a violation of the bill’s provisions to bring a civil action for injunctive relief against the school that employs an administrator or teacher in violation of the bill. The bill requires a court to award reasonable attorney fees to a parent or guardian who prevails in this civil action. The bill provides that if a parent or guardian is the prevailing party in the civil action, the court shall assess a civil penalty against the school that employs the administrator or teacher, not to exceed $500 per day for each day a violation occurs during the pendency of the civil action, unless certain limited exceptions apply. The bill requires revenue from the civil penalty to be remitted to the treasurer of state for deposit in the general fund of the state. The bill provides that if a parent or guardian is the prevailing party in the civil action, the clerk of court shall send a copy of the court’s order and a copy of the law by certified mail to the attorney general and to the county attorney of the county in which the school that employs the administrator or teacher who violated the bill’s provisions is located. The bill provides that a parent or guardian who was the prevailing party in the civil action may bring a civil action for damages against the school that employs the administrator or teacher if the administrator or teacher violates the injunction. The bill requires the clerk of court to send a copy of the court’s order issued pursuant to the proceedings related to the violation of the injunction, and a copy of the law, by certified mail to the board of educational examiners. The bill also provides that if the parent or guardian is the prevailing party in these proceedings, the court shall award the parent or guardian actual damages for injuries resulting from the administrator’s or teacher’s initial violation of the bill’s provisions and a civil penalty not less than $1,000 per day for each day the administrator’s or teacher’s violation of the injunction continues. The bill waives immunity for charter schools and school districts in any cause of action brought against those entities under the bill. The bill requires the board of educational examiners to suspend the license of an administrator or a teacher upon the board’s finding by a preponderance of the evidence that the administrator or teacher violated an injunction. The bill authorizes a county attorney or the attorney general to institute criminal or civil actions to enforce the provisions of the bill. The bill provides that a county attorney’s or the attorney general’s receipt of a copy of a court’s injunctive order provided by the clerk of court, along with subsequent information that a violation of the bill’s provisions is continuing to occur, shall constitute probable cause that a violation of the bill’s criminal provisions has occurred.4 (rental or sale of hard-core pornography) provides that a person who knowingly rents, sells, or offers for rental or sale hard-core pornography is guilty of an aggravated misdemeanor.4 by a person who has been previously convicted of violating this Code section are class “D” felonies.4, the person has a prior conviction or a deferred judgment for violating the bill’s provisions related to providing hard-core pornography to a student in a library or related to requiring a student to read or view hard-core pornography as part of an instructional program.4. Current law authorizes a county attorney to institute a civil proceeding to enjoin the dissemination or exhibition of obscene material to minors when the county attorney has reasonable cause to believe that any person is engaged or plans to engage in the dissemination or exhibition of obscene material within the county attorney’s county to minors. The bill establishes that the attorney general may institute such civil proceedings as well. Current law provides that Code chapter 728 does not prohibit the use of appropriate material for educational purposes in any accredited school, public library, or educational program in which the minor is participating, and does not prohibit the attendance of minors at an exhibition or display of art works or the use of any materials in any public library. The bill provides that, for purposes of this provision, appropriate material does not include obscene material or hard-core pornography. The bill contains definitions for “administrator”, “hard-core pornography”, “school”, “student”, and “teacher”.