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The Senate Committee on Rules offered the following
substitute to HB 483:
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia1
Annotated, relating to sale or distribution of harmful materials to minors, so as to repeal an2
exemption for libraries and librarians from the provisions of Code Section 16-12-103,3
relating to selling, loaning, distributing, or exhibiting materials harmful to minors; to provide4
for penalties; to provide for a defense for librarians who make good faith attempts to identify5
and remove material harmful to minors; to provide for related matters; to provide for an6
effective date and applicability; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,10
relating to sale or distribution of harmful materials to minors, is amended by revising Code11
Section 16-12-104, relating to library exception, as follows:12
"16-12-104.13
The provisions of Code Section 16-12-103 shall not apply to any public library operated14
by the state or any of its political subdivisions nor to any library operated as a part of any15
school, college, or university Reserved."16
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SECTION 2.17
Said part is further amended in Code Section 16-12-105, relating to penalty, by revising18
subsection (a) and by adding a new subsection to read as follows:19
"(a) Except as provided in subsection (b) of this Code section, any person who knowingly20
violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a21
misdemeanor for a first offense, and a misdemeanor of a high and aggravated nature for a22
second or any subsequent offense."23
"(c) It shall be an affirmative defense to prosecution under this Code section if the person24
charged is employed to work in a library operated by the state or any of its political25
subdivisions or any library operated as a part of any school, college, or university, and such26
individual can demonstrate that he or she has made a good faith attempt to identify and27
remove from access to minors all physical or electronic material harmful to minors."28
SECTION 3.29
This Act shall become effective on July 1, 2025, and shall apply to any motions made or30
hearings or trials commenced on or after such date.31
SECTION 4.32
All laws and parts of laws in conflict with this Act are repealed.33
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