25 LC 49 2294S (SCS)
Senate Bill 74
By: Senators Burns of the 23rd, Walker III of the 20th, Dolezal of the 27th, Summers of the
13th, Hickman of the 4th and others
AS PASSED SENATE
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 Georgia
1
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
that any violation of such Code section shall be a misdemeanor of a high and aggravated5
nature when committed knowingly; to provide for a defense for librarians who make good6
faith attempts to identify and remove material harmful to minors; to provide for related7
matters; to provide for an effective date and applicability; to repeal conflicting laws; and for8
other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,12
relating to sale or distribution of harmful materials to minors, is amended by revising Code13
Section 16-12-104, relating to library exception, as follows:14
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"16-12-104.
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The provisions of Code Section 16-12-103 shall not apply to any public library operated
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by the state or any of its political subdivisions nor to any library operated as a part of any17
school, college, or university Reserved."18
SECTION 2.19
Said part is further amended in Code Section 16-12-105, relating to penalty, by revising20
subsection (a) and by adding a new subsection to read as follows:21
"(a) Except as provided in subsection (b) of this Code section, any person who knowingly22
violates any provision of Code Section 16-12-103 or 16-12-104 shall be guilty of a23
misdemeanor of a high and aggravated nature."24
"(c) It shall be an affirmative defense to prosecution under this Code section if the person25
charged is employed to work in a library operated by the state or any of its political26
subdivisions or any library operated as a part of any school, college, or university, and such27
individual can demonstrate that he or she has made a good faith attempt to identify and28
remove from access to minors all physical or electronic material harmful to minors."29
SECTION 3.30
This Act shall become effective on July 1, 2025, and shall apply to any motions made or31
hearings or trials commenced on or after such date.32
SECTION 4.33
All laws and parts of laws in conflict with this Act are repealed.34
S. B. 74
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