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House Amendment 3337

Amendment Text

PAG LIN
  1  1    Amend House File 135 as follows:
  1  2    #1.  Page 1, by inserting after line 5 the
  1  3 following:
  1  4    "Sec.    .  Section 728.1, Code 1995, is amended by
  1  5 adding the following new subsection:
  1  6    NEW SUBSECTION.  6A.  "Place of business" means the
  1  7 premises of a business required to obtain a sales tax
  1  8 permit pursuant to chapter 422, the premises of a
  1  9 nonprofit or not-for-profit organization, and the
  1 10 premises of an establishment which is open to the
  1 11 public at large or where entrance is limited by a
  1 12 cover charge or membership requirement.
  1 13    Sec.    .  Section 728.4, Code 1995, is amended to
  1 14 read as follows:
  1 15    728.4  RENTAL OR SALE OF HARD-CORE PORNOGRAPHY.
  1 16    A person who knowingly rents, exhibits,
  1 17 disseminates, sells, or offers for rental or sale
  1 18 material depicting patently offensive representations
  1 19 of oral, anal, or vaginal intercourse, actual or
  1 20 simulated, involving humans, or depicting patently
  1 21 offensive representations of masturbation, excretory
  1 22 functions, or bestiality, or lewd exhibition of the
  1 23 genitals, which the average adult taking the material
  1 24 as a whole in applying statewide contemporary
  1 25 community standards would find appeals to the prurient
  1 26 interest; and which material, taken as a whole, lacks
  1 27 serious literary, scientific, political, or artistic
  1 28 value, upon conviction is guilty of an aggravated
  1 29 misdemeanor.  However, second and subsequent
  1 30 violations of this section by a person who has been
  1 31 previously convicted of violating this section are
  1 32 class "D" felonies.  Charges under this section may
  1 33 only be brought by a county attorney or by the
  1 34 attorney general."
  1 35    #2.  Page 1, by striking lines 9 through 11 and
  1 36 inserting the following:
  1 37    "A holder of a liquor license or beer permit or any
  1 38 Any owner, manager, or person who exercises direct
  1 39 control over any licensed premises defined in".
  1 40    #3.  Page 2, by inserting after line 22 the
  1 41 following:
  1 42    "Sec.    .  Section 728.7, Code 1995, is amended to
  1 43 read as follows:
  1 44    728.7  EXEMPTIONS FOR PUBLIC LIBRARIES AND
  1 45 EDUCATIONAL INSTITUTIONS.
  1 46    Nothing in this chapter prohibits the use of
  1 47 appropriate nonobscene material for educational
  1 48 purposes in any accredited school, or any public
  1 49 library, or in any educational program in which the
  1 50 minor is participating.  Nothing in this chapter
  2  1 prohibits the attendance of minors at an exhibition or
  2  2 display of nonobscene art works or the use of any
  2  3 nonobscene materials in any public library."
  2  4    #4.  Page 3, by inserting after line 4 the
  2  5 following:
  2  6    "Sec.    .  Section 809.1, subsection 2, Code 1995,
  2  7 is amended by adding the following new paragraph:
  2  8    NEW PARAGRAPH.  e.  Any interest in, security in,
  2  9 claim against, or property or contractual right of any
  2 10 kind affording a source of influence over, any
  2 11 enterprise which a person has established, operated,
  2 12 controlled, conducted, or participated in the conduct
  2 13 of, in violation of a criminal offense pursuant to
  2 14 chapter 728."
  2 15    #5.  By renumbering as necessary.  
  2 16 
  2 17 
  2 18                              
  2 19 COMMITTEE ON JUDICIARY
  2 20 HURLEY of Fayette, Chairperson
  2 21 HF 135.202 76
  2 22 ec/jj
     

Text: H03336                            Text: H03338
Text: H03300 - H03399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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