| 1 | 1 | | LRB-0423/1 |
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| 2 | 2 | | MJW:cjs |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 308 |
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| 5 | 5 | | June 9, 2023 - Introduced by Representatives ALLEN, BODDEN, BRANDTJEN, MAXEY, |
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| 6 | 6 | | MURPHY and WICHGERS, cosponsored by Senators JACQUE and NASS. Referred |
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| 7 | 7 | | to Committee on Education. |
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| 8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | 9 | | AN ACT to repeal 944.21 (8) (b) 1. and 944.21 (8) (b) 2. of the statutes; relating |
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| 10 | 10 | | to: protection from prosecution for employees of libraries and educational |
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| 11 | 11 | | institutions possessing obscene materials. |
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| 12 | 12 | | Analysis by the Legislative Reference Bureau |
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| 13 | 13 | | Under current law, it is a crime to import, print, sell, possess for sale, publish, |
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| 14 | 14 | | exhibit, play, or distribute any obscene material; to produce or perform in any |
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| 15 | 15 | | obscene performance; to require, as a condition to the purchase of periodicals, that |
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| 16 | 16 | | a retailer accept obscene material; to distribute, exhibit, or play any obscene material |
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| 17 | 17 | | to a person under the age of 18 years; or to possess with intent to distribute, exhibit, |
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| 18 | 18 | | or play to a person under the age of 18 years any obscene material. Obscene material |
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| 19 | 19 | | means a writing, picture, film, or other recording that the average person, applying |
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| 20 | 20 | | contemporary community standards, would find appeals to the prurient interest if |
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| 21 | 21 | | taken as a whole; that under contemporary community standards describes or shows |
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| 22 | 22 | | sexual conduct in a patently offensive way; and that lacks serious literary, artistic, |
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| 23 | 23 | | political, educational, or scientific value, if taken as a whole. |
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| 24 | 24 | | Under current law, no person who is an employee, a member of the board of |
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| 25 | 25 | | directors, or a trustee of certain educational institutions and libraries is liable to |
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| 26 | 26 | | prosecution for an obscene materials violation for acts or omissions while in his or |
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| 27 | 27 | | her capacity as an employee, a member of the board of directors, or a trustee of such |
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| 28 | 28 | | an institution. This bill removes public elementary and secondary schools, private |
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| 31 | 31 | | 3 - 2 -2023 - 2024 Legislature LRB-0423/1 |
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| 32 | 32 | | MJW:cjs |
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| 33 | 33 | | ASSEMBLY BILL 308 |
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| 34 | 34 | | schools, and tribal schools from the list of institutions for which an employee is |
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| 35 | 35 | | protected from prosecution for an obscene materials violation. |
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| 36 | 36 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 37 | 37 | | enact as follows: |
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| 38 | 38 | | SECTION 1. 944.21 (8) (b) 1. of the statutes is repealed. |
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| 39 | 39 | | SECTION 2. 944.21 (8) (b) 2. of the statutes is repealed. |
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| 40 | 40 | | SECTION 3.0Effective date. |
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| 41 | 41 | | (1) This act takes effect on August 20, 2024. |
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| 42 | 42 | | (END) |
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