HB 1101-5_ Filed 02/23/2006, 10:44 Drozda

SENATE MOTION


MADAM PRESIDENT:

    I move that Engrossed House Bill 1101 be amended to read as follows:

    Page 13, between lines 41 and 42, begin a new paragraph and insert:
    "SECTION 11. IC 35-49-3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Except as provided in subsection (b), a person who knowingly or intentionally:
        (1) disseminates matter to minors that is harmful to minors;
        (2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
        (3) sells , rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church;
        (4) engages in or conducts a performance before minors that is harmful to minors;
        (5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian;
        (6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or
        (7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors;
commits a Class D felony.
    (b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless:
        (1) the matter is obscene under IC 35-49-2-1;


        (2) the matter is child pornography under IC 35-42-4-4; or
        (3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age. ".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1101 as printed February 10, 2006.)

________________________________________

Senator DROZDA


RS 110104/DI jc
2006