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3 | - | SENATE FLOOR VERSION - HB1217 SFLR Page 1 | |
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3 | + | ENGR. H. B. NO. 1217 Page 1 1 | |
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30 | - | April 22, 2025 | |
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33 | 28 | ENGROSSED HOUSE | |
34 | 29 | BILL NO. 1217 By: West (Kevin) and Maynard of | |
35 | 30 | the House | |
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37 | 32 | and | |
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39 | 34 | Bullard of the Senate | |
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45 | 40 | An Act relating to obscene material; defining terms; | |
46 | 41 | making certain acts unlawful; providing exemption | |
47 | 42 | from liability under certain circumstances ; providing | |
48 | 43 | penalties; providing preemption provisions; providing | |
49 | 44 | for codification; and declaring an emergency . | |
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55 | 52 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
56 | 53 | SECTION 1. NEW LAW A new section of law to be codified | |
57 | 54 | in the Oklahoma Statutes as Section 1024.6 of Title 21, unless there | |
58 | 55 | is created a duplication in numbering, reads as follows: | |
59 | 56 | A. As used in this section: | |
60 | 57 | 1. "Adult performance" means any performance that contains | |
61 | 58 | obscene material, if done in view of a minor or in a public place; | |
62 | 59 | 2. "Obscene material" shall have the same meaning as such term | |
63 | 60 | is defined in subsection B of Section 1024.1 of Title 21 of the | |
64 | 61 | Oklahoma Statutes; | |
62 | + | 3. "Minor" means an unmarried person under eighteen (18) years | |
63 | + | of age; and | |
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66 | - | SENATE FLOOR VERSION - HB1217 SFLR Page 2 | |
67 | - | (Bold face denotes Committee Ame ndments) 1 | |
65 | + | ENGR. H. B. NO. 1217 Page 2 1 | |
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92 | - | 3. "Minor" means an unmarried person under eighteen (18) years | |
93 | - | of age; and | |
94 | 90 | 4. "Public place" means any area or space that the general | |
95 | 91 | public may freely access without payment for admission; provided, | |
96 | 92 | however, any place that limits access pursuant to an admissions | |
97 | 93 | process or that restricts minors from entering the area or space to | |
98 | 94 | participate or take part in any event shall be exempt from the | |
99 | 95 | provisions of this section. | |
100 | 96 | B. 1. It shall be unlawful for a person to engage in an adult | |
101 | 97 | performance which contains obscene material, or for any political | |
102 | 98 | subdivision of this state to allow, permit, organize, or authorize | |
103 | 99 | the viewing of an adult performance which contains obscene material, | |
104 | 100 | on public property or in a public place where a minor, as part of | |
105 | 101 | the general public, will be exposed to view such adult performance. | |
106 | 102 | 2. A political subdivision ac ting in good faith in accordance | |
107 | 103 | with the requirements of this subsection shall not be liable for the | |
108 | 104 | acts of an individual or group in violation of this subsection. | |
109 | 105 | C. Any person who violates the provisions of subsection B of | |
110 | 106 | this section shall, upon con viction, be guilty of a misdemeanor | |
111 | 107 | punishable by imprisonment in a county jail for a term not exceeding | |
112 | 108 | one (1) year, or by a fine of not less than Five Hundred Dollars | |
113 | 109 | ($500.00) and not exceeding One Thousand Dollars ($1,000.00), or by | |
114 | 110 | both such fine and imprisonment. | |
111 | + | D. The provisions of this section shall preempt any ordinance, | |
112 | + | regulation, or restriction that was lawfully adopted or license that | |
113 | + | was issued by a political subdivision of this state prior to the | |
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116 | - | SENATE FLOOR VERSION - HB1217 SFLR Page 3 | |
117 | - | (Bold face denotes Committee Ame ndments) 1 | |
115 | + | ENGR. H. B. NO. 1217 Page 3 1 | |
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142 | - | D. The provisions of this section shall preempt any ordinance, | |
143 | - | regulation, or restriction that wa s lawfully adopted or license that | |
144 | - | was issued by a political subdivision of this state prior to the | |
145 | 140 | effective date of this act that is in confl ict with the provisions | |
146 | 141 | of this section. | |
147 | 142 | SECTION 2. It being immediately necessary for the preservation | |
148 | 143 | of the public peace, health or safety, an emergency is hereby | |
149 | 144 | declared to exist, by reason whereof this act shall take effect and | |
150 | 145 | be in full force from and after its passage and approval. | |
151 | - | COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY | |
152 | - | April 22, 2025 - DO PASS | |
146 | + | Passed the House of Representatives the 25th day of March, 2025. | |
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151 | + | Presiding Officer of the House | |
152 | + | of Representatives | |
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156 | + | Passed the Senate the ____ day of __________, 2025. | |
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161 | + | Presiding Officer of the Senate | |
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