SB 464, As Passed Senate

SB-0464, As Passed Senate, May 12, 2005

SUBSTITUTE FOR

SENATE BILL NO. 464

A bill to amend 1978 PA 33, entitled

"An act to prohibit the dissemination, exhibiting, or displaying of

certain sexually explicit matter to minors; to prohibit certain

misrepresentations facilitating the dissemination of sexually

explicit matter to minors; to provide penalties; to provide for

declaratory judgments and injunctive relief in certain instances;

to impose certain duties upon prosecuting attorneys and the circuit

court; to preempt local units of government from proscribing

certain conduct; and to repeal certain acts and parts of acts,"

(MCL 722.671 to 722.684) by adding sections 12a and 12b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 12a. (1) It is an affirmative defense to a charge under

this part that the person acted in good faith. Except as provided

in subsection (2), good faith exists if at the time the charged

offense occurred all of the following conditions were satisfied:

(a) The minor showed the person identification that appeared

Senate Bill No. 464 as amended May 11 and 12, 2005

to be valid and that contained a photograph and a date of birth

purporting to show that the minor was 17 years of age or older<<,

or the service terms of the internet provider of a seller or rental enterprise that sells or rents ultra-violent explicit matter over the internet require a purchaser or renter to be 17 years of age or older if all of the following conditions are met:

(i) The ultra-violent explicit matter is purchased or rented over the internet.

(ii) The ultra-violent explicit matter is sent to the purchaser's or renter's home or place of residence <<or otherwise made directly available through the internet to the purchaser or renter>>.

(iii) The purchaser or renter of the ultra-violent explicit matter uses a credit card to purchase or rent the ultra-violent explicit matter>>.

(b) The person did not have independent knowledge that the

minor was under 17 years of age.

(b), the person complied with a rating system established by the

pertinent entertainment industry that does not conflict with this

part, including, but not limited to, the rating system for video

games created by the entertainment software rating board or the

rating system for motion pictures created by the motion picture

association of America.

(2) If the person possesses managerial responsibility for a

business enterprise, good faith exists if at the time the charged

offense occurred the business enterprise satisfied all of the

following conditions:

(a) The business enterprise had in existence a policy that its

employees are required to comply with a rating system established

by the pertinent entertainment industry that does not conflict with

this part, including, but not limited to, the rating system for

video games created by the entertainment software rating board or

the rating system for motion pictures created by the motion picture

association of America.

(b) The business enterprise trains its employees to follow the

policy described in subdivision (a).

Senate Bill No. 464 as amended May 11 and 12, 2005

subdivision (a).

Sec. 12b. This part does not apply to <<ANY OF THE FOLLOWING:

(A) A MEDIUM OF COMMUNICATION TO THE EXTENT REGULATED BY THE FEDERAL COMMUNICATIONS COMMISSION.

(b) An internet service provider or computer network service provider who in good faith, and without knowledge of the content of the matter being communicated, provides the medium for communication of the matter. As used in this section, "internet service provider" means a person who provides a service that enables users to access content, information, electronic mail, or other services offered over the internet or a computer network.

(c) a person providing a subscription multichannel video service whose terms of service require that the purchaser or renter of the service be at least 17 years of age or older and which service is provided only upon a showing of proper identification through the purchaser's or renter’s use of a credit card to purchase or rent the service or by providing government-issued identification or other reasonable means for verification of the purchaser's or renter’s identity.

Senate Bill No. 464 as amended May 12, 2005

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 249.

(b) Senate Bill No. 416.

(d) House Bill No. 4702.

(e) House Bill No. 4703.