Bill Text: IA SF2364 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the dissemination of certain specified materials, including the prohibition of certain specified materials in schools and school libraries, civil actions to determine obscenity, and providing penalties.(Formerly SF 2198.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-24 - Referred to Judiciary. S.J. 622. [SF2364 Detail]
Download: Iowa-2021-SF2364-Introduced.html
Senate
File
2364
-
Introduced
SENATE
FILE
2364
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2198)
A
BILL
FOR
An
Act
relating
to
the
dissemination
of
certain
specified
1
materials,
including
the
prohibition
of
certain
specified
2
materials
in
schools
and
school
libraries,
civil
actions
to
3
determine
obscenity,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
272.2,
subsection
14,
paragraph
b,
1
subparagraph
(1),
Code
2022,
is
amended
by
adding
the
following
2
new
subparagraph
division:
3
NEW
SUBPARAGRAPH
DIVISION
.
(0g)
Providing
obscene
material
4
or
hard-core
pornography
to
students
from
a
school
library
5
or
requiring
a
student
to
read
or
view
obscene
material
or
6
hard-core
pornography
under
section
728.2A.
For
purposes
of
7
this
subparagraph
division,
“obscene
material”
and
“hard-core
8
pornography”
mean
the
same
as
defined
in
section
728.1.
9
Sec.
2.
Section
272.2,
subsection
14,
Code
2022,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
f.
The
board
shall
suspend
the
license
of
12
an
administrator
or
a
teacher
upon
the
board’s
finding
by
a
13
preponderance
of
evidence
that
the
administrator
or
teacher
14
violated
an
injunction
entered
pursuant
to
section
728.2A,
15
subsection
4.
16
Sec.
3.
Section
728.1,
Code
2022,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
1A.
“Hard-core
pornography”
means
material
19
depicting
patently
offensive
representations
of
oral,
anal,
or
20
vaginal
intercourse,
actual
or
simulated,
involving
humans,
or
21
depicting
patently
offensive
representations
of
masturbation,
22
excretory
functions,
or
bestiality,
or
lewd
exhibition
of
the
23
genitals,
which
the
average
adult
taking
the
material
as
a
24
whole
in
applying
statewide
contemporary
community
standards
25
would
find
appeals
to
the
prurient
interest;
and
which
26
material,
taken
as
a
whole,
lacks
serious
literary,
scientific,
27
political,
or
artistic
value.
28
Sec.
4.
NEW
SECTION
.
728.2A
Obscene
material
and
hard-core
29
pornography
in
schools
and
school
libraries.
30
1.
As
used
in
this
section,
unless
the
context
otherwise
31
requires:
32
a.
“Administrator”
means
and
includes
a
school
33
superintendent,
assistant
superintendent,
educational
34
director,
principal,
assistant
principal,
and
other
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individuals
authorized
to
assist
in
performing
noninstructional
1
administrative
duties.
2
b.
“School”
means
and
includes
all
of
the
following:
3
(1)
A
charter
school
established
in
accordance
with
section
4
256E.2.
5
(2)
A
nonpublic
school,
as
that
term
is
defined
in
section
6
280.2.
7
(3)
A
public
school
district,
as
described
in
chapter
274.
8
c.
“Student”
means
an
individual
who
is
enrolled
in
and
9
attending
a
school
in
kindergarten
through
grade
twelve.
10
d.
“Teacher”
means
the
same
defined
in
section
272.1.
11
2.
A
school
shall
designate
at
least
one
administrator
to
12
ensure
that
no
obscene
material
or
hard-core
pornography
is
13
present
and
available
to
students
in
a
library
operated
by
the
14
school
that
the
administrator
supervises
or
directs.
15
3.
a.
An
administrator
who
knowingly
provides
obscene
16
material
to
a
student
in
a
library
operated
by
the
school
that
17
the
administrator
supervises
or
directs
shall
be
guilty
of
a
18
serious
misdemeanor.
19
b.
An
administrator
who
knowingly
provides
hard-core
20
pornography
to
a
student
in
a
library
operated
by
the
school
21
that
the
administrator
supervises
or
directs
shall
be
guilty
22
of
an
aggravated
misdemeanor.
23
c.
A
teacher
who
knowingly
requires
a
student
to
read
or
24
view
obscene
material
as
part
of
the
teacher’s
instructional
25
program
or
curriculum
shall
be
guilty
of
a
serious
misdemeanor.
26
d.
A
teacher
who
knowingly
requires
a
student
to
read
27
or
view
hard-core
pornography
as
part
of
the
teacher’s
28
instructional
program
or
curriculum
shall
be
guilty
of
an
29
aggravated
misdemeanor.
30
4.
a.
A
parent
or
guardian
of
a
student
alleging
a
31
violation
of
subsection
3
by
an
administrator
or
teacher
may
32
bring
a
civil
action
for
injunctive
relief
against
the
school
33
that
employs
the
administrator
or
teacher
to
prohibit
the
34
administrator
or
teacher
from
continuing
such
violation.
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b.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
1
civil
action
instituted
pursuant
to
paragraph
“a”
,
all
of
the
2
following
shall
apply:
3
(1)
The
court
shall
award
reasonable
attorney
fees
to
the
4
parent
or
guardian.
5
(2)
The
court
shall
assess
a
civil
penalty
against
the
6
school
that
employs
the
administrator
or
teacher,
not
to
7
exceed
five
hundred
dollars
per
day
for
each
day
a
violation
8
occurs
during
the
pendency
of
the
civil
action.
However,
the
9
court
shall
not
assess
the
civil
penalty
provided
in
this
10
subparagraph
for
a
violation
of
subsection
3,
paragraph
“a”
,
if
11
the
administrator
or
the
school
that
employs
the
administrator
12
removes
the
obscene
material
or
hard-core
pornography
from
13
the
library
operated
by
the
school
during
the
pendency
of
the
14
civil
action.
Revenue
from
the
civil
penalty
provided
in
this
15
subparagraph
shall
be
remitted
to
the
treasurer
of
state
for
16
deposit
in
the
general
fund
of
the
state.
17
(3)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
18
order
issued
pursuant
to
paragraph
“a”
and
a
copy
of
this
19
section
by
restricted
certified
mail,
return
receipt
requested,
20
to
the
attorney
general
and
to
the
county
attorney
of
the
21
county
in
which
the
school
that
employs
the
administrator
or
22
teacher
in
violation
of
subsection
3
is
located.
23
5.
A
parent
or
guardian
who
was
the
prevailing
party
in
24
a
civil
action
instituted
pursuant
to
subsection
4
may
bring
25
a
civil
action
for
damages
against
the
school
that
employs
26
the
administrator
or
teacher
if
the
administrator
or
teacher
27
violates
an
injunction
issued
pursuant
to
subsection
4.
If
a
28
parent
or
guardian
is
the
prevailing
party
in
a
civil
action
29
instituted
pursuant
to
this
subsection,
the
clerk
of
court
30
shall
send
a
copy
of
the
court’s
order
issued
pursuant
to
this
31
subsection
and
a
copy
of
this
section
by
restricted
certified
32
mail,
return
receipt
requested,
to
the
board
of
educational
33
examiners.
Damages
awarded
pursuant
to
this
subsection
shall
34
include
all
of
the
following:
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a.
Actual
damages
for
injuries
resulting
from
the
1
administrator’s
or
teacher’s
initial
violation
of
subsection
2
3
and
the
administrator’s
or
teacher’s
violation
of
the
3
injunction.
4
b.
A
penalty
in
an
amount
determined
by
the
court,
but
5
not
less
than
one
thousand
dollars
per
day
for
each
day
the
6
administrator’s
or
teacher’s
violation
of
the
injunction
7
continues.
8
c.
The
state
of
Iowa
hereby
waives
immunity
from
suit
and
9
consents
to
the
jurisdiction
of
any
court
in
which
an
action
10
is
brought
against
a
charter
school
established
in
accordance
11
with
section
256E.2
or
a
public
school
district,
as
described
12
in
chapter
274,
respecting
any
cause
of
action
arising
out
of
13
this
subsection.
Such
action
shall
be
heard
and
determined
14
pursuant
to
rules
otherwise
applicable
to
civil
actions
brought
15
in
the
particular
court
having
jurisdiction
of
the
suit
and
16
the
parties
to
the
suit
shall
have
the
right
of
appeal
from
17
any
judgment,
decree,
or
decision
of
the
trial
court
to
the
18
appropriate
appellate
court
under
applicable
rules
of
appeal.
19
6.
A
county
attorney
or
the
attorney
general
may
institute
20
criminal
or
civil
actions
to
enforce
the
provisions
of
this
21
section.
A
county
attorney’s
or
the
attorney
general’s
receipt
22
of
a
copy
of
a
court’s
injunctive
order
provided
by
the
clerk
23
of
court
issued
pursuant
to
subsection
4,
along
with
subsequent
24
information
that
a
violation
of
subsection
3
is
continuing
to
25
occur,
shall
constitute
probable
cause
that
a
violation
of
26
subsection
3
has
occurred.
27
Sec.
5.
Section
728.4,
Code
2022,
is
amended
to
read
as
28
follows:
29
728.4
Rental
or
sale
of
hard-core
pornography.
30
A
person
who
knowingly
rents,
sells,
or
offers
for
31
rental
or
sale
material
depicting
patently
offensive
32
representations
of
oral,
anal,
or
vaginal
intercourse,
actual
33
or
simulated,
involving
humans,
or
depicting
patently
offensive
34
representations
of
masturbation,
excretory
functions,
or
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bestiality,
or
lewd
exhibition
of
the
genitals,
which
the
1
average
adult
taking
the
material
as
a
whole
in
applying
2
statewide
contemporary
community
standards
would
find
appeals
3
to
the
prurient
interest;
and
which
material,
taken
as
a
whole,
4
lacks
serious
literary,
scientific,
political,
or
artistic
5
value
hard-core
pornography
,
upon
conviction
,
is
guilty
of
6
an
aggravated
misdemeanor.
However,
second
and
subsequent
7
violations
of
this
section
by
a
person
who
has
been
previously
8
convicted
of
violating
this
section
are
class
“D”
felonies.
9
For
purposes
of
this
section,
an
offense
is
considered
a
second
10
or
subsequent
offense
if,
prior
to
the
person’s
having
been
11
convicted
under
this
section,
the
person
has
a
prior
conviction
12
or
a
deferred
judgment
under
section
728.2A,
subsection
3,
13
paragraph
“b”
or
“d”
.
Charges
under
this
section
may
only
be
14
brought
by
a
county
attorney
or
by
the
attorney
general.
15
Sec.
6.
Section
728.6,
Code
2022,
is
amended
to
read
as
16
follows:
17
728.6
Civil
suit
to
determine
obscenity.
18
Whenever
the
attorney
general
or
the
county
attorney
of
19
any
county
has
reasonable
cause
to
believe
that
any
person
is
20
engaged
or
plans
to
engage
in
the
dissemination
or
exhibition
21
of
obscene
material
within
the
county
attorney’s
county
22
to
minors
,
the
attorney
general
or
the
county
attorney
may
23
institute
a
civil
proceeding
in
the
district
court
of
the
24
county
to
enjoin
the
dissemination
or
exhibition
of
obscene
25
material
to
minors.
Such
application
for
injunction
is
26
optional
and
not
mandatory
and
shall
not
be
construed
as
a
27
prerequisite
to
criminal
prosecution
for
a
violation
of
this
28
chapter
.
29
Sec.
7.
Section
728.7,
Code
2022,
is
amended
to
read
as
30
follows:
31
728.7
Exemptions
for
public
libraries
and
educational
32
institutions.
33
Nothing
in
this
chapter
prohibits
the
use
of
appropriate
34
material
for
educational
purposes
in
any
accredited
school,
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or
any
public
library,
or
in
any
educational
program
in
which
1
the
minor
is
participating.
Nothing
in
this
chapter
prohibits
2
the
attendance
of
minors
at
an
exhibition
or
display
of
art
3
works
or
the
use
of
any
materials
in
any
public
library.
For
4
purposes
of
this
section,
“appropriate
material”
does
not
5
include
obscene
material
or
hard-core
pornography.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
dissemination
of
certain
specified
10
materials,
including
the
prohibition
of
certain
specified
11
materials
in
schools
and
school
libraries
and
civil
actions
to
12
determine
obscenity.
13
The
bill
requires
a
school
to
designate
at
least
one
14
administrator
to
ensure
that
no
obscene
material
or
hard-core
15
pornography
is
present
and
available
to
students
in
a
library
16
operated
by
the
school
that
the
administrator
supervises
or
17
directs.
18
The
bill
prohibits
an
administrator
from
knowingly
providing
19
obscene
material
to
a
student
in
a
library
operated
by
the
20
school
that
the
administrator
supervises
or
directs.
The
bill
21
provides
that
an
administrator
who
violates
this
provision
22
is
guilty
of
a
serious
misdemeanor.
Additionally,
the
bill
23
prohibits
an
administrator
from
knowingly
providing
hard-core
24
pornography
to
a
student
in
a
library
operated
by
the
school
25
that
the
administrator
supervises
or
directs.
The
bill
26
provides
that
an
administrator
who
violates
this
provision
is
27
guilty
of
an
aggravated
misdemeanor.
The
bill
also
prohibits
28
a
teacher
from
knowingly
requiring
a
student
to
read
or
view
29
obscene
material
as
part
of
the
teacher’s
instructional
program
30
or
curriculum.
The
bill
provides
that
a
teacher
who
violates
31
this
provision
is
guilty
of
a
serious
misdemeanor.
The
bill
32
prohibits
a
teacher
from
knowingly
requiring
a
student
to
33
read
or
view
hard-core
pornography
as
part
of
the
teacher’s
34
instructional
program
or
curriculum.
The
bill
provides
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that
a
teacher
who
violates
this
provision
is
guilty
of
an
1
aggravated
misdemeanor.
A
serious
misdemeanor
is
punishable
2
by
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
3
$430
but
not
more
than
$2,560.
An
aggravated
misdemeanor
is
4
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
5
of
at
least
$855
but
not
more
than
$8,540.
The
bill
requires
6
the
board
of
educational
examiners
to
adopt
rules
that
require
7
the
board
to
disqualify
an
applicant
for
a
license
or
to
revoke
8
a
person’s
license
for
a
violation
of
these
provisions.
9
The
bill
authorizes
a
parent
or
guardian
of
a
student
10
alleging
a
violation
of
the
bill’s
provisions
to
bring
a
civil
11
action
for
injunctive
relief
against
the
school
that
employs
an
12
administrator
or
teacher
in
violation
of
the
bill.
The
bill
13
requires
a
court
to
award
reasonable
attorney
fees
to
a
parent
14
or
guardian
who
prevails
in
this
civil
action.
15
The
bill
provides
that
if
a
parent
or
guardian
is
the
16
prevailing
party
in
the
civil
action,
the
court
shall
assess
a
17
civil
penalty
against
the
school
that
employs
the
administrator
18
or
teacher,
not
to
exceed
$500
per
day
for
each
day
a
violation
19
occurs
during
the
pendency
of
the
civil
action,
unless
certain
20
limited
exceptions
apply.
The
bill
requires
revenue
from
the
21
civil
penalty
to
be
remitted
to
the
treasurer
of
state
for
22
deposit
in
the
general
fund
of
the
state.
23
The
bill
provides
that
if
a
parent
or
guardian
is
the
24
prevailing
party
in
the
civil
action,
the
clerk
of
court
25
shall
send
a
copy
of
the
court’s
order
and
a
copy
of
the
law
26
by
certified
mail
to
the
attorney
general
and
to
the
county
27
attorney
of
the
county
in
which
the
school
that
employs
the
28
administrator
or
teacher
who
violated
the
bill’s
provisions
is
29
located.
30
The
bill
provides
that
a
parent
or
guardian
who
was
the
31
prevailing
party
in
the
civil
action
may
bring
a
civil
action
32
for
damages
against
the
school
that
employs
the
administrator
33
or
teacher
if
the
administrator
or
teacher
violates
the
34
injunction.
The
bill
requires
the
clerk
of
court
to
send
a
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copy
of
the
court’s
order
issued
pursuant
to
the
proceedings
1
related
to
the
violation
of
the
injunction,
and
a
copy
of
the
2
law,
by
certified
mail
to
the
board
of
educational
examiners.
3
The
bill
also
provides
that
if
the
parent
or
guardian
is
the
4
prevailing
party
in
these
proceedings,
the
court
shall
award
5
the
parent
or
guardian
actual
damages
for
injuries
resulting
6
from
the
administrator’s
or
teacher’s
initial
violation
of
the
7
bill’s
provisions
and
a
civil
penalty
not
less
than
$1,000
per
8
day
for
each
day
the
administrator’s
or
teacher’s
violation
of
9
the
injunction
continues.
The
bill
waives
immunity
for
charter
10
schools
and
school
districts
in
any
cause
of
action
brought
11
against
those
entities
under
the
bill.
The
bill
requires
12
the
board
of
educational
examiners
to
suspend
the
license
of
13
an
administrator
or
a
teacher
upon
the
board’s
finding
by
a
14
preponderance
of
the
evidence
that
the
administrator
or
teacher
15
violated
an
injunction.
16
The
bill
authorizes
a
county
attorney
or
the
attorney
17
general
to
institute
criminal
or
civil
actions
to
enforce
18
the
provisions
of
the
bill.
The
bill
provides
that
a
county
19
attorney’s
or
the
attorney
general’s
receipt
of
a
copy
of
a
20
court’s
injunctive
order
provided
by
the
clerk
of
court,
along
21
with
subsequent
information
that
a
violation
of
the
bill’s
22
provisions
is
continuing
to
occur,
shall
constitute
probable
23
cause
that
a
violation
of
the
bill’s
criminal
provisions
has
24
occurred.
25
Code
section
728.4
(rental
or
sale
of
hard-core
pornography)
26
provides
that
a
person
who
knowingly
rents,
sells,
or
offers
27
for
rental
or
sale
hard-core
pornography
is
guilty
of
an
28
aggravated
misdemeanor.
Current
law
also
provides
that
second
29
and
subsequent
violations
of
Code
section
728.4
by
a
person
30
who
has
been
previously
convicted
of
violating
this
Code
31
section
are
class
“D”
felonies.
The
bill
establishes
that,
32
for
purposes
of
Code
section
728.4,
an
offense
is
considered
33
a
second
or
subsequent
offense
if,
prior
to
the
person’s
34
having
been
convicted
under
Code
section
728.4,
the
person
has
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a
prior
conviction
or
a
deferred
judgment
for
violating
the
1
bill’s
provisions
related
to
providing
hard-core
pornography
2
to
a
student
in
a
library
or
related
to
requiring
a
student
to
3
read
or
view
hard-core
pornography
as
part
of
an
instructional
4
program.
The
bill
makes
conforming
Code
changes
to
Code
5
section
728.4.
6
Current
law
authorizes
a
county
attorney
to
institute
a
7
civil
proceeding
to
enjoin
the
dissemination
or
exhibition
8
of
obscene
material
to
minors
when
the
county
attorney
has
9
reasonable
cause
to
believe
that
any
person
is
engaged
or
10
plans
to
engage
in
the
dissemination
or
exhibition
of
obscene
11
material
within
the
county
attorney’s
county
to
minors.
The
12
bill
establishes
that
the
attorney
general
may
institute
such
13
civil
proceedings
as
well.
14
Current
law
provides
that
Code
chapter
728
does
not
prohibit
15
the
use
of
appropriate
material
for
educational
purposes
in
any
16
accredited
school,
public
library,
or
educational
program
in
17
which
the
minor
is
participating,
and
does
not
prohibit
the
18
attendance
of
minors
at
an
exhibition
or
display
of
art
works
19
or
the
use
of
any
materials
in
any
public
library.
The
bill
20
provides
that,
for
purposes
of
this
provision,
appropriate
21
material
does
not
include
obscene
material
or
hard-core
22
pornography.
23
The
bill
contains
definitions
for
“administrator”,
24
“hard-core
pornography”,
“school”,
“student”,
and
“teacher”.
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