1|ENGROSSED HOUSE AMENDMENT | | TO | 2|ENGROSSED SENATE BILL NO. 1056 By: Standridge, Bullard, | | Newhouse, Dahm, Bergstrom, | 3| Rogers, Burns, Hamilton, | | and Jett of the Senate | 4| | | and | 5| | | West (Kevin) of the House | 6| | | | 7| | | | 8| An Act relating to obscene material; amending 21 O.S. | | 2021, Section 1024.1, which relates to definitions; | 9| updating statutory references; modifying definitions; | | updating statutory language; and providing an | 10| effective date. | | | 11| | | | 12| | | | 13|AUTHOR: Add the following House Coauthors: Gann and Crosswhite | | Hader | 14| | | | 15|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | | and insert: | 16| | | | 17| | | | 18| | | | 19| An Act relating to obscene material; defining terms; | | making certain acts unlawful; providing exemption | 20| from liability under certain circumstances; providing | | penalties; providing preemption provisions; providing | 21| for codification; and declaring an emergency. | | | 22| | | | 23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 24| | | | Page 1 ___________________________________________________________________________
1| SECTION 1. NEW LAW A new section of law to be codified | | | 2|in the Oklahoma Statutes as Section 1024.6 of Title 21, unless there | | | 3|is created a duplication in numbering, reads as follows: | | | 4| A. As used in this section: | | | 5| 1. "Adult performance" means any performance that contains | | | 6|obscene material, if done in view of a minor or in a public place; | | | 7| 2. "Obscene material" shall have the same meaning as such term | | | 8|is defined in subsection B of Section 1024.1 of Title 21 of the | | | 9|Oklahoma Statutes; | | | 10| 3. "Minor" means an unmarried person under eighteen (18) years | | | 11|of age; and | | | 12| 4. "Public place" means any area or space that the general | | | 13|public may freely access without payment for admission; provided, | | | 14|however, any place that limits access pursuant to an admissions | | | 15|process or that restricts minors from entering the area or space to | | | 16|participate or take part in any event shall be exempt from the | | | 17|provisions of this section. | | | 18| B. 1. It shall be unlawful for a person to engage in an adult | | | 19|performance which contains obscene material, or for any political | | | 20|subdivision of this state to allow, permit, organize, or authorize | | | 21|the viewing of an adult performance which contains obscene material, | | | 22|on public property or in a public place where a minor, as part of | | | 23|the general public, will be exposed to view such adult performance. | | | 24| | | | Page 2 ___________________________________________________________________________
1| 2. A political subdivision acting in good faith in accordance | | | 2|with the requirements of this subsection shall not be liable for the | | | 3|acts of an individual or group in violation of this subsection. | | | 4| C. Any person who violates the provisions of subsection B of | | | 5|this section shall, upon conviction, be guilty of a misdemeanor | | | 6|punishable by imprisonment in a county jail for a term not exceeding | | | 7|one (1) year, or by a fine of not less than Five Hundred Dollars | | | 8|($500.00) and not exceeding One Thousand Dollars ($1,000.00), or by | | | 9|both such fine and imprisonment. | | | 10| D. The provisions of this section shall preempt any ordinance, | | | 11|regulation, or restriction that was lawfully adopted or license that | | | 12|was issued by a political subdivision of this state prior to the | | | 13|effective date of this act that is in conflict with the provisions | | | 14|of this section. | | | 15| SECTION 2. It being immediately necessary for the preservation | | | 16|of the public peace, health or safety, an emergency is hereby | | | 17|declared to exist, by reason whereof this act shall take effect and | | | 18|be in full force from and after its passage and approval. | | | 19| | | Passed the House of Representatives the 26th day of April, 2023. | 20| | | | 21| | | | 22| | | Presiding Officer of the House of | 23| Representatives | | | 24| | | Passed the Senate the ____ day of __________, 2023. | Page 3 ___________________________________________________________________________
1| | | | 2| | | | 3| | | Presiding Officer of the Senate | 4| | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Page 4