SPONSOR:	Rep. Atkins & Sen. Venables;
	Reps. Spence, Smith, Lee, Booth, Buckworth, Carey, Cathcart, Ewing, Fallon, Hocker, Hudson, Maier, Stone, Ulbrich, Valihura, B. Ennis, George, Hall-Long, Houghton, Mulrooney, Plant; Sens. Bunting, Simpson

HOUSE OF REPRESENTATIVES

142nd GENERAL ASSEMBLY

HOUSE BILL NO. 296

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIBRARIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 71 of Title 14 of the Delaware Code by enacting as a new “Subchapter II” entitled “DELAWARE CHILDREN’S INTERNET PROTECTION ACT” as follows:

“SUBCHAPTER II. DELAWARE CHILDREN’S INTERNET PROTECTIONS ACT.

§ 7110. Short Title.

This Act shall be known as the ‘Delaware Children’s Internet Protection Act’.

§ 7111. Purpose.

It is the intent of the Delaware General Assembly to protect Delaware children who utilize the computers in Delaware libraries so as to be prevented from viewing visual image depictions that are:

(a) obscene;

(b) child pornography; or

(c) otherwise harmful to minors, as defined in § 7112 of this Subchapter.

§ 7112. Definitions.

(a) ‘Harmful to minors’ shall mean any picture, image, graphic image file or other visual depiction that:

(1) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex or excretions;

(2) depicts, describes or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

(3) taken as a whole, lacks serious literary, artistic, political or scientific value as to minors.

(b) ‘Obscenity’ shall be as defined in § 1364 of Title 11 of this Code.

(c) ‘Child pornography’ shall mean any visual depiction of a person under the age of eighteen (18) engaging in a sexual act or in the simulation of such an act or any visual depiction which has been created, adapted, modified or edited so as to appear that a person under the age of eighteen (18) is engaging in a sexual act or in the simulation of such an act.

§ 7113. Safety filters; Policy.

(a) Any library or school which receives in whole or part any funding from the State, the three (3) Counties or any Municipality or a school district shall have all public access computers with Internet access equipped with technology protection measures to protect against access through such computers to visual depictions that are:

(1) obscene; or

(2) consisting of child pornography as defined in § 7112; and/or

(3) is harmful to minors as defined in § 7112; and

(b) Any library or school which receives funding as indicated above shall establish a policy and enforce its operation through an Internet safety program using measures such as filters or other technology in order to comply with subsection (a).

(c) Failure to comply with Section (a) shall cause State funding to be diverted from the libraries to the General Fund.

§ 7114. Effective Date.

This Act shall become effective six (6) months after enactment.

§ 7115. Waivers not permitted.

No waivers to the provisions of this Act shall be permitted by the Department of Education.”.

SYNOPSIS

This Act will require all library computers with Internet access, including school district computers in the State of Delaware to be equipped with technology protection measures such as filters to prevent access to obscenity, child pornography or things that are otherwise harmful to minors.