HB385 Summary

• Designates the use of premises to distribute material that is obscene or harmful to minors as a public nuisance in violation of Division 5 of Article 4 of Chapter 12 of Title 13A.

• Authorizes the Attorney General, district attorneys, and local governing bodies to file civil actions in circuit court to abate, enjoin, and prevent such public nuisances.

• Expands the definition of "sexual conduct" to include any sexual or gender-oriented conduct that knowingly exposes minors to persons dressed in sexually revealing clothing or engaged in lewd or lascivious dancing, presentations, or activities in K-12 public schools or public libraries without parental presence or consent.

• Exempts bona fide public libraries and college/university libraries from criminal prosecution when acting for legitimate educational purposes.

• Makes K-12 public schools and public libraries subject to removal of violative material within seven business days of written notice, with violations classified as Class C, B, or A misdemeanors for first, second, and subsequent offenses respectively.

• Becomes effective October 1, 2024.