BP BHEAD INT H [atlas:bill]

AN ACT Relating to internet software filtering technology on public school and public library computers; adding a new section to chapter 28A.150 RCW; and adding a new section to chapter 27.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 28A.150 RCW to read as follows:

(1) All public schools must install and maintain on any computer, that permits access to the internet or the world-wide web and that is available for use by a student, a technology that filters or blocks access to matter that is harmful to minors.

(2) The school shall make available to all parents information about the filtering or blocking technology that is installed on computers that permit access to the internet or the world-wide web and the types of sites the technology filters or blocks.

(3) A public school that complies with this section is not liable for damages that may arise from a student gaining access to matter that is harmful to minors through the use of a school computer that permits access to the internet or the world-wide web.

(4) As used in this section, "harmful to minors" means any matter or live performance that:

(a) The average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors;

(b) Explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated;

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or

(iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

(c) When considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.

NEW SECTION. Sec. 2. A new section is added to chapter 27.12 RCW to read as follows:

(1) All public libraries must install and maintain on any computer, that permits access to the internet or the world-wide web and is available for use by the public, a technology that filters or blocks access to matter that is harmful to minors. Upon request of an adult library patron, the library shall temporarily disable the filtering or blocking technology to enable the adult patron to gain unfiltered access to the internet or the world-wide web.

(2) The library shall make available to any library patron information on the filtering or blocking technology that is installed on any computer that permits access to the internet or the world-wide web and the types of sites the technology filters or blocks.

(3) A library that complies with this section is not liable for damages that may arise from a minor gaining access to matter that is harmful to minors through the use of a library computer that permits access to the internet or the world-wide web.

(4) As used in this section, "harmful to minors" means any matter or live performance that:

(a) The average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest of minors;

(b) Explicitly depicts or describes, by prevailing standards in the adult community with respect to what is suitable for minors, patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated;

(iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

(c) When considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value for minors.