SB 1007
Initials JL/IG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DP 4-3-0-0 | 3
rd
Read 16-10-4-0-0
House: JUD DP 6-3-0-0
SB 1007: schools; libraries; explicit materials; classification
Sponsor: Senator Hoffman, LD 15
Caucus & COW
Overview
Specifies that an employee or independent contractor within a public school or public library
who violates the prohibitions relating to sexually explicit materials is guilty of a class 5
felony.
History
Current statute prohibits a public school from referring students to or using sexually explicit
materials in any manner. A public school may be exempt from this prohibition if the following
requirements are met:
1) the sexually explicit material provides serious educational, literary, artistic, political
or scientific value to minors;
2) the school requires written parental consent on a per-material basis before referring
students to or utilizing the sexually explicit material; and
3) the school provides students without parental consent alternative assignments that
do not contain sexually explicit material (A.R.S. § 15-120.03).
A parent of a student in a public educational institution reserves the right to review learning
materials and activities in advance. A parent may object to any learning material or activity
on the basis that the learning material or activity is harmful and may request their child to
be withdrawn from the activity, class or program or request an alternative assignment.
Statute defines objects to any learning material or activity on the basis that the material or
activity is harmful as objecting to the material or activity because of the sexual content,
violent content or profane or vulgar language. Additionally, public educational institutions
are required to obtain written consent from a student's parent or guardian before:
1) using video, audio or electronic learning materials that may be age inappropriate; or
2) providing sex education instruction to a student in addition to notifying the parent or
guardian of their right to review the learning material and activities (A.R.S. § 15-113).
Provisions
1. Classifies the existing violation under A.R.S. § 15-120.03 relating to the referral of a
student to sexually explicit materials by an employee or independent contractor of a
public school as a class 5 felony if the employee or independent contractor acts with
criminal negligence. (Sec. 1)
2. Adds a new section of statute to A.R.S. title 34 that prohibits an employee or independent
contractor of a public library from:
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SB 1007
Initials JL/IG Page 2 Caucus & COW
a) referring an unemancipated minor to any sexually explicit material in any manner;
and
b) facilitating an unemancipated minor's access to any sexually explicit material in any
manner. (Sec. 3)
3. Classifies a violation of these new prohibitions by an employee or independent contractor
of a public library as a class 5 felony if the employee or independent contractor acts with
criminal negligence. (Sec. 3)
4. Defines public library and sexually explicit materials for purposes of this new statute in
A.R.S. title 34. (Sec. 3)
5. Modifies chapter and article headings. (Sec. 2)
6. Makes a conforming change. (Sec. 1)