Regular Session 2023-2024 Senate Bill 0187 P.N. 0273

PRINTER'S NO. 273

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

187

Session of

2023

INTRODUCED BY J. WARD, COLLETT, PHILLIPS-HILL, DUSH,

SANTARSIERO, SCHWANK, BROWN, MASTRIANO, TARTAGLIONE, COMITTA,

STEFANO AND ROBINSON, FEBRUARY 10, 2023

REFERRED TO JUDICIARY, FEBRUARY 10, 2023

AN ACT

Amending the act of November 30, 2004 (P.L.1556, No.197),

entitled "An act providing for protection of children from

obscene material, child pornography and other material that

is harmful to minors on the Internet in public schools and

public libraries; and providing for the duties of the

Secretary of Education," further providing for title and for

definitions; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title and section 2(1), (2) and (3) of the

act of November 30, 2004 (P.L.1556, No.197), known as the Child

Internet Protection Act, are amended to read:

AN ACT

Providing for protection of children from obscene material,

child [pornography] sexual abuse material and other material

that is harmful to minors on the Internet in public schools

and public libraries; and providing for the duties of the

Secretary of Education.

Section 2. Declaration of policy.

The General Assembly finds and declares as follows:

(1) The Commonwealth has a compelling interest and duty

to protect children from exposure to obscenity, child

[pornography] sexual abuse material and other material that

is harmful to minors.

(2) The Commonwealth has a compelling interest in

preventing any user from accessing obscene material and child

[pornography] sexual abuse material within a public school or

public library setting.

(3) There is a need to balance the goal of providing

free access to educationally suitable information sources on

the Internet against the compelling need and duty to protect

children from contact with sexual predators and from access

to obscene material, child [pornography] sexual abuse

material and material harmful to children.

* * *

Section 2. The definition of "child pornography" in section

3 of the act is amended and the section is amended by adding a

definition to read:

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Child pornography." [As described in 18 Pa.C.S. § 6312

(relating to sexual abuse of children).] The term shall have the

same meaning as child sexual abuse material.

"Child sexual abuse material." As described in 18 Pa.C.S §

6312 (relating to sexual abuse of children).

* * *

Section 3. Sections 4(a)(1) and (b) and 5 of the act are

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amended to read:

Section 4. School entity Internet policies.

(a) Acceptable-use policy.--Within 180 days after the

effective date of this act, each school board shall adopt an

acceptable-use policy for the Internet. At a minimum, the policy

shall contain provisions which are reasonably designed to:

(1) Prevent students and employees of the school entity

from using any computer equipment and communications services

owned or leased by the school entity for sending, receiving,

viewing or downloading visual depictions of obscenity, child

[pornography] sexual abuse material or material that is

harmful to minors.

* * *

(b) Implementation and enforcement.--The school board shall

take such steps as it deems appropriate to implement and enforce

the school entity's policy, which shall include, but need not be

limited to:

(1) use of software programs reasonably designed to

block access to visual depictions of obscenity, child

[pornography] sexual abuse material or material that is

harmful to minors; or

(2) selection of online servers that block access to

visual depictions of obscenity, child [pornography] sexual

abuse material or material that is harmful to minors.

* * *

Section 5. Public library Internet policies.

(a) Acceptable-use policy.--Within 180 days after the

effective date of this act, the governing body of each public

library shall adopt an acceptable-use policy for the Internet.

At a minimum, the policy shall contain provisions which are

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reasonably designed to:

(1) Prevent library patrons, including those patrons

under 18 years of age and library employees, from using the

library's computer equipment and communications services for

sending, receiving, viewing or downloading visual depictions

of obscenity, child [pornography] sexual abuse material or

material that is harmful to minors.

(2) Establish appropriate measures to be taken against

library patrons and employees who willfully violate the

policy.

(b) Implementation and enforcement of policy.--The governing

body of the public library shall take such steps as it deems

appropriate to implement and enforce the requirements of

subsection (a). These steps shall include, but need not be

limited to, the following:

(1) the use of software programs designed to block

access by library patrons and employees to visual depictions

of obscenity, child [pornography] sexual abuse material or

material that is harmful to minors; or

(2) the selection of online servers that block access by

library patrons and employees to visual depictions of

obscenity, child [pornography] sexual abuse material or

material that is harmful to minors.

civil liability for damages to any person as a result of the

failure of any approved software program or approved online

server to block access to visual depictions of obscenity, child

[pornography] sexual abuse material or material that is harmful

to minors. Nothing in this section shall be deemed to abrogate

or lessen any immunity or other protection against liability

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accorded to public libraries under existing law or court

decision.

Section 4. This act shall take effect in 60 days.

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