SB1007

THE CONTEXT: Current statute prohibits a public school from referring students to or using sexually explicit materials in any manner. A public school may be exempt from this prohibition if the following requirements are met: 1) the sexually explicit material provides serious educational, literary, artistic, political or scientific value to minors; 2) the school requires written parental consent on a per-material basis before referring students to or utilizing the sexually explicit material; and 3) the school provides students without parental consent alternative assignments that do not contain sexually explicit material ( A.

WHAT THE BILL DID: The final vetoed version would classifies the existing violation under A.R.S. 15-120.03 relating to the referral of a student to sexually explicit materials by an employee or independent contractor of a public school as a class 5 felony if the employee or independent contractor acts with criminal negligence, add a new section of statute to A.R.S; title 34 that prohibits an employee or independent contractor of a public library from: a) referring an unemancipated minor to any sexually explicit material in any manner; and b) facilitating an unemancipated minor's access to any sexually explicit material in any manner, and classifies a violation of these new prohibitions by an employee or independent contractor of a public library as a class 5 felony if the employee or independent contractor acts with criminal negligence.

WHY IT MATTERED: The practical reason for this bill was to give students, families, and schools a clearer statewide rule for schools. It would classifies the existing violation under A.R.S. 15-120.03 relating to the referral of a student to sexually explicit materials by an employee or independent contractor of a public school as a class 5 felony if the employee or independent contractor acts with criminal negligence, and would also add a new section of statute to A.R.S. title 34 that prohibits an employee or independent contractor of a public library from: a) referring an unemancipated minor to any sexually explicit material in any manner; and b) facilitating an unemancipated minor's access to any sexually explicit material in any manner, rather than leave the current rule unchanged.