| 10 | 7 | | Annotated, relating to sale or distribution of harmful materials to minors, so as to repeal an2 |
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| 11 | 8 | | exemption for libraries and librarians from the provisions of Code Section 16-12-103,3 |
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| 12 | 9 | | relating to selling, loaning, distributing, or exhibiting materials harmful to minors; to provide4 |
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| 13 | 10 | | that any violation of such Code section shall be a misdemeanor of a high and aggravated5 |
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| 14 | 11 | | nature when committed knowingly; to provide for a defense for librarians who make good6 |
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| 15 | 12 | | faith attempts to identify and remove material harmful to minors; to provide for related7 |
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| 16 | 13 | | matters; to provide for an effective date and applicability; to repeal conflicting laws; and for8 |
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| 17 | 14 | | other purposes.9 |
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| 18 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 19 | 16 | | SECTION 1.11 |
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| 20 | 17 | | Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,12 |
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| 21 | 18 | | relating to sale or distribution of harmful materials to minors, is amended by revising Code13 |
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| 22 | 19 | | Section 16-12-104, relating to library exception, as follows:14 |
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| 29 | 23 | | by the state or any of its political subdivisions nor to any library operated as a part of any17 |
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| 30 | 24 | | school, college, or university Reserved."18 |
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| 31 | 25 | | SECTION 2.19 |
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| 32 | 26 | | Said part is further amended in Code Section 16-12-105, relating to penalty, by revising20 |
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| 33 | 27 | | subsection (a) and by adding a new subsection to read as follows:21 |
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| 34 | 28 | | "(a) Except as provided in subsection (b) of this Code section, any person who knowingly22 |
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| 35 | 29 | | violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a23 |
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| 36 | 30 | | misdemeanor of a high and aggravated nature."24 |
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| 37 | 31 | | "(c) It shall be an affirmative defense to prosecution under this Code section if the person25 |
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| 38 | 32 | | charged is employed to work in a library operated by the state or any of its political26 |
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| 39 | 33 | | subdivisions or any library operated as a part of any school, college, or university, and such27 |
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| 40 | 34 | | individual can demonstrate that he or she has made a good faith attempt to identify and28 |
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| 41 | 35 | | remove from access to minors all physical or electronic material harmful to minors."29 |
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| 42 | 36 | | SECTION 3.30 |
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| 43 | 37 | | This Act shall become effective on July 1, 2025, and shall apply to any motions made or31 |
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| 44 | 38 | | hearings or trials commenced on or after such date.32 |
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| 45 | 39 | | SECTION 4.33 |
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| 46 | 40 | | All laws and parts of laws in conflict with this Act are repealed.34 |
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