HomeMy WebLinkAbout1987-063
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RESOLUTION NO. 87-63
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUPPORTING SENATE BILL 5, AN AMENDMENT TO
3 SECTIONS 311 AND 313 OF THE PENAL CODE, RELATING TO OBSCENE
MATTER.
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5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Recitals.
8 A. The U.S. Attorney General's Commission on Pornography
9 recently released information regarding the effects of
10 violence and degradation that may be related to the use of
11 Pornography. These potential effects to the health and safety
12 of women and children may decrease with the effective
13 prosecution of illegal obscenity.
14 B. Senate Bill 5 defines "obscene matter" to conform to
15 the federal standard for obscenity established fourteen years
16 ago by the U.S. Supreme Court decision in Miller v. California
17 413 U.S. 15, 93 S. ct. 2607.
18 C. The Miller case provides that materials may be
19 subject to state regulation where the material, taken as a
20 whole, appeals to the prurient interest in sex; portrays in a
21 patently offensive way, sexual conduct specifically defined by
22 the applicable state law; and, taken as a 'whole, does not have
23 serious literary, artistic, political or scientific value.
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D. Conformance with the Miller case standards for
obscenity will clarify and facilitate prosecution of obscenity
cases by avoiding potential First Amendment challenges of
Penal Code sections 311 and 313.
28 E. Forty-three states have adopted the Miller Standard.
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SECTION 2. Implementation.
A. The Mayor and Common Council of the City of San
Bernardino support the adoption of Senate Bill 5, the Miller
standard, relating to obscene matter.
B. The City Clerk is hereby directed to forward a
certified copy of this resolution to Senators Wadie Deddeh,
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H. L. Richardson and Ruben Ayala.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned regular
meeting thereof, held on
the
Mr1rr.n
, 1987, by the following
qt-h day of
vote, to wit:
AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Strickler
NAYS:
None
ABSENT:
Council Members Quiel, Frazier
~,~~Abr
"'City Clerk
The foregoing
resolution is hereby approved this II.lL day
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J/ / e_-,) /l /.l-c>u;Y
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Mayor of the Cit~ of San Bernardino
of
Mnrr.h
25 Approved as to form:
26 ~J;W<2 t7
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27 City Attorney
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