Obscenity and Pornography - As introduced, excludes local education agencies, public schools, and employees and private contractors of LEAs or public schools from the exception to certain obscenity offenses if the LEA, public school, employee, or private contractor possesses obscene material that is harmful to minors on public school premises; prohibits an LEA or public school from making obscene materials or materials harmful to minors available to students in the school libraries controlled by the LEA or public school. - Amends TCA Title 39, Chapter 17, Part 9 and Title 49.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB1944Date
    Received from House, Passed on First Consideration03/30/2022
    Engrossed; ready for transmission to Sen.03/29/2022
    Passed H., as am., Ayes 63, Nays 24, PNV 003/28/2022
    Sponsor(s) Added.03/28/2022
    H. adopted am. (Amendment 1 - HA0657)03/28/2022
    Am. tabled. (Amendment 2 - HA0768)03/28/2022
    H. Placed on Regular Calendar for 3/28/202203/24/2022
    Placed on cal. Calendar & Rules Committee for 3/24/202203/23/2022
    Rec. for pass; ref to Calendar & Rules Committee03/16/2022
    Sponsor(s) withdrawn.03/15/2022
    Placed on cal. Education Administration for 3/16/202203/10/2022
    Rec. for pass. if am., ref. to Education Administration03/09/2022
    Sponsor(s) Added.03/03/2022
    Placed on cal. Criminal Justice Committee for 3/9/202203/02/2022
    Sponsor(s) Added.03/02/2022
    Rec for pass if am by s/c ref. to Criminal Justice Committee03/02/2022
    Placed on s/c cal Criminal Justice Subcommittee for 3/2/202202/23/2022
    Action Def. in s/c Criminal Justice Subcommittee to 3/2/202202/23/2022
    Sponsor(s) Added.02/22/2022
    Placed on s/c cal Criminal Justice Subcommittee for 2/23/202202/16/2022
    Sponsor(s) Added.02/15/2022
    Sponsor(s) Added.02/01/2022
    Assigned to s/c Criminal Justice Subcommittee01/28/2022
    P2C, ref. to Criminal Justice Committee -- Education Administration Committee01/27/2022
    Intro., P1C.01/26/2022
    Sponsor(s) Added.01/25/2022
    Filed for introduction01/25/2022
    Actions For SB1944Date
    Sponsor(s) Added.04/06/2022
    Deferred to Summer Study04/06/2022
    Placed on Senate Judiciary Committee calendar for 4/6/202204/04/2022
    Rule #83(8) Suspended, to be heard in S. Judiciary Comm. 4-6-2204/04/2022
    Refer to Senate Judiciary Committee03/30/2022
    Recalled from Senate Calendar Committee03/30/2022
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 1 PNV 303/29/2022
    Placed on Senate Education Committee calendar for 3/29/202203/23/2022
    Action deferred in Senate Education Committee to 3/30/202203/23/2022
    Sponsor(s) Added.03/22/2022
    Placed on Senate Education Committee calendar for 3/23/202203/16/2022
    Action deferred in Senate Education Committee to 3/23/202203/16/2022
    Placed on Senate Education Committee calendar for 3/16/202203/09/2022
    Passed on Second Consideration, refer to Senate Education Committee01/27/2022
    Introduced, Passed on First Consideration01/26/2022
    Filed for introduction01/25/2022
  • AmendmentsFiscal Memos
    HA0657Amendment 1-0 to HB1944Fiscal Memo for HA0657 (15408)  Fiscal Memo for HA0657 (15408)  
    HA0768Amendment 2-0 to HB1944Fiscal Memo for HA0768 (16321)  
    AmendmentsFiscal Memos
    SA0809Amendment 1-1 to SB1944 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB1944

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    Under present law, it is an offense to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of these acts with any matter found legally obscene that violates the requirements of federal law.

    Present law states that it is an exception to the above offense that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification. This bill adds that the exception does not apply to the possession of obscene material by a local education agency (LEA); public school or public charter school; or an employee or private contractor of an LEA or public school, if the obscene material is harmful to minors and possessed on public school premises.

    This bill prohibits an LEA or public school or public charter school, from allowing obscene materials or materials harmful to minors to be available to students in the school libraries controlled by the LEA or public school.

    ON MARCH 28, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1944, AS AMENDED.

    AMENDMENT #1 adds that each local board of education and public charter school must adopt a policy that allows the parent or legal guardian of a student enrolled in the LEA or public charter school to report to the director of schools or to the director of the public charter school, as applicable, if the parent or legal guardian is aware of material that is obscene or harmful to minors, being made available to students through the parent's or legal guardian's student's school library. The policy must require the director of schools or the director of the public charter school, as applicable, to remove the questionable material from each school library under the respective director's control for a period of no less than 30 days to allow the local board of education or the governing body of the public charter school, as applicable, to review the material to determine whether the material is obscene, harmful to minors, or appropriate for students.

    This amendment requires the local board of education or the governing body of the public charter school to determine if the material is obscene or harmful to minors no later than the next regularly scheduled meeting of the board or the governing body after the 30-day period. If the local board of education or the governing body of the public charter school determines that the material is obscene or harmful to minors, then the material must be permanently removed from the school library of each school governed by the local board of education or the governing body of the public charter school. If the local board of education or the governing body of the public charter school determines that the material is appropriate for students, then the material must be returned to each school library from which it was removed by the respective director upon the local board of education's or the governing body of the public charter school's determination that the material is appropriate for students, or at the end of the 30-day period identified in, whichever is earlier.

    This amendment specifies that the procedures adopted pursuant to it will not be the exclusive means to remove material from a school library, and will not preclude an LEA, a school operated by an LEA, a public charter school, or the governing body of a public charter school from developing or implementing additional policies, practices, or procedures for the removal of materials from a school library.

    If an LEA or public charter school fails to comply with the policy adopted pursuant to this amendment, then the commissioner may withhold state funds, in an amount determined by the commissioner, from the respective LEA or public charter school until the LEA or public charter school is in compliance. This amendment requires each LEA to annually report to the department of education the material that is permanently removed from a school library of the LEA pursuant to the above-described provisions.

  • FiscalNote for HB1944/SB1944 filed under HB1944
  • House Floor and Committee Votes

    HB1944 by Cepicky - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/28/2022
    Passed
              Ayes...............................................63
              Noes...............................................24

              Representatives voting aye were: Baum, Boyd, Bricken, Byrd, Campbell S, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Sparks, Terry, Todd, Vital, Warner, Weaver, White, Williams, Wright, Zachary, Mr. Speaker Sexton C -- 63.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Love, Mannis, McKenzie, Mitchell, Parkinson, Potts, Powell, Shaw, Stewart, Thompson, Towns -- 24.

    HB1944 by Cepicky - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/28/2022
    Passed
              Ayes...............................................64
              Noes...............................................23

              Representatives voting aye were: Baum, Boyd, Bricken, Byrd, Campbell S, Carr, Carringer, Cepicky, Cochran, Crawford, Curcio, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Grills, Halford, Hall, Haston, Hawk, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Mannis, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Sparks, Terry, Todd, Vital, Warner, Weaver, White, Williams, Wright, Zachary, Mr. Speaker Sexton C -- 64.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Love, McKenzie, Mitchell, Parkinson, Potts, Powell, Shaw, Stewart, Thompson, Towns -- 23.

    HB1944 by Cepicky - FLOOR VOTE: REGULAR CALENDAR MOTION TO LIMIT DEBATE AS AMENDED PASSAGE ON THIRD CONSIDERATION 3/28/2022
    Passed
              Ayes...............................................66
              Noes...............................................23

              Representatives voting aye were: Baum, Boyd, Bricken, Byrd, Calfee, Campbell S, Carr, Carringer, Cepicky, Cochran, Crawford, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Gillespie, Griffey, Grills, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Mannis, Marsh, Moody, Moon, Ogles, Parkinson, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Sparks, Todd, Travis, Vital, Weaver, White, Williams, Wright, Zachary, Mr. Speaker Sexton C -- 66.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Hakeem, Hardaway, Harris, Hodges, Jernigan, Johnson G, Love, McKenzie, Mitchell, Potts, Powell, Shaw, Stewart, Thompson, Towns, Warner -- 23.

    HB1944 by Cepicky - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 2 BY CLEMMONS PASSAGE ON THIRD CONSIDERATION 3/28/2022
    Passed
              Ayes...............................................63
              Noes...............................................26

              Representatives voting aye were: Boyd, Bricken, Byrd, Calfee, Campbell S, Carr, Carringer, Cepicky, Cochran, Crawford, Curcio, Darby, Doggett, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Grills, Halford, Hall, Haston, Hawk, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton J, Sherrell, Terry, Todd, Travis, Vital, Warner, Weaver, White, Williams, Wright, Zachary, Mr. Speaker Sexton C -- 63.
              Representatives voting no were: Baum, Beck, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Gillespie, Hakeem, Hardaway, Harris, Hazlewood, Hodges, Jernigan, Johnson G, Love, McKenzie, Mitchell, Parkinson, Potts, Powell, Shaw, Stewart, Thompson, Towns -- 26.

              HB1944 by Cepicky - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 3/28/2022 3/24/2022
              Voice Vote - Ayes Prevail

    HB1944 by Cepicky - HOUSE EDUCATION ADMINISTRATION COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 3/16/2022
    Passed
              Ayes...............................................11
              Noes................................................2

              Representatives voting aye were: Baum, Carringer, Casada, Cepicky, Cochran, Darby, Haston, Hurt, Lafferty, Ragan, White -- 11.
              Representatives voting no were: Clemmons, Hakeem -- 2.

    HB1944 by Cepicky - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Education Administration 3/9/2022
    Passed
              Ayes...............................................13
              Noes................................................3

              Representatives voting aye were: Campbell S, Curcio, Doggett, Farmer, Griffey, Hawk, Howell, Hulsey, Lamberth, Moody, Russell, Sexton J, Sherrell -- 13.
              Representatives voting no were: Beck, Dixie, Hardaway -- 3.

    HB1944 by Cepicky - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 3/2/2022
    Passed
              Ayes................................................7
              Noes................................................3

              Representatives voting aye were: Doggett, Farmer, Griffey, Howell, Lamberth, Moody, Sexton J -- 7.
              Representatives voting no were: Beck, Curcio, Hardaway -- 3.

    Senate Floor and Committee Votes

    SB1944 by Hensley - SENATE JUDICIARY COMMITTEE:
    Deferred to Summer Study 4/6/2022
    Passed
              Ayes................................................6
              Noes................................................3

              Senators voting aye were: Bell, Gardenhire, Kyle, Lamar, Lundberg, Stevens -- 6.
              Senators voting no were: Roberts, Rose, White -- 3.

    SB1944 by Hensley - SENATE EDUCATION COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 1 PNV 3 3/29/2022
    Passed
              Ayes................................................5
              Noes................................................1
              Present and not voting...................3

              Senators voting aye were: Bell, Crowe, Hensley, Kelsey, White -- 5.
              Senators voting no were: Akbari -- 1.
              Senators present and not voting were: Haile, Lundberg, Powers -- 3.