HomeMy WebLinkAboutRES NO 10-87RESOLUTION NO. 10-87
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SUPPORTING SENATE BILL 5 (DEDDEH)
CONCERNING OBSCENITY.
WHEREAS, the California State Senate has before it
Senate Bill No. 5 (Deddeh) which oroposes to amend Sections 311
and 313 of the California Penal Code defining obscene matter and
harmful matter; and
and as
matter
"going
WHEREAS, the above referenced Sections, in relevant part
amended by Chapter 51 of the Statutes of 1986, define such
in relation to "contemporary state-wide standards" and as
substantially beyond customary limits of candor"; and
WHEREAS, Senate Bill No. 5 would amend such Sections to
define such matter in relation to "contemporary community stan-
dards" and as depicting or describing "in a patently offensive
way sexual conduct"; and
WHEREAS, the changes in the definitions of "obscene mat-
ter" and "harmless matter" proposed in Senate Bill No. 5 are
intended to allow the use of local, rather than statewide, con-
temporary standards in determining whether the matter appeals to
prurient interest; and
WHEREAS, the above changes proposed by Senate Bill No.
are intended to conform the California definition of obscene
matter to the federal standard for obscenity established by the
united States Supreme Court decision in ~iller v. C~a~9~!~ in
1973; and
WHEREAS, enactment of Senate Bill No. 5 will allow use
of local, community standards in judging whetlher matter is
obscene or harmful, and facilitate enforcement actions against
those peddling obscene matter.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
The Council of the City of Bakersfield supports the
enactment of Senate Bill No. 5 (Deddeh) and encourages the
California Legislature to take all additional action, consistent
with constitutional constraints, to assist strong and effective
prosecution of those trading in obscene or harmful matter.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on 3anuary 21, 1987 , by the
following vote:
AYES: COUNCILMEMBERS:~, CHRISTENSEN, SMITH, RAT[Y, MOORE, DICKERSON, SALVAGGIO
ABSENT: CO UNCIL~4 F ?~_lts:
ABSTAINING: COU~JCd.~'~Fqs:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED January 21, 1987
MAYOR of the CityZof Bakersfield
APPROVED as to form:
AJS/meg
5:R.SB5