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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