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Home My WebLink About31-Mayor's Office , I CIO OF SAN BERNARDGo'- REQUEOr FOR COUNCIL AC From: Mayor Evlyn Wilcox Dale: February 24, 1987 'c'o Subjact: , . - ADHfH. OFF.- ;'1 FIB 2S nit 7: 43 Resolution of the Mayor & Common Council of the City of San Bernardino Supporting Senate Bill 5, an Amendment to Sections 311 and 313 of the Penal Code, Relating to Obscene Matter Dept: Mayor I s Office Synopsil of Previous Council action: . R~ommel!~ed moti,on: Adopt resolution. Contact penon: l-layor Wi] cox Phone: 5051 Supporting dlte Ittached: Yes Wlrd: FUNDING REQUIREMENTS: Amount: N/ A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Flnlnce: Council Notel: ..&_,.9&' Aoendl Item No- 't/. , , 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING SENATE BILL 5, AN AMENDMENT TO SECTIbNS 311 AND 313 OF THE PENAL CODE, RELATING TO OBSCENE MATTER. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. A. The U.S. Attorney General's commission on Pornography recently released information regarding the effects of violence and degradation that may be related to the use of Pornography. These potential effects to the health and safety of women and children may decrease with the effective prosecution of illegal obscenity. B. Senate Bill 5 defines "obscene matter" to conform to the federal standard for obscenity established fourteen years ago by the U.S. Supreme Court decision in Miller v. California 413 U.S. 15, 93 S. ct. 2607. C. The Miller case provides that materials may be subject to state regulation where the material, taken as a whole, appeals to the prurient interest in sex; portrays in a patently offensive way, sexual conduct specifically defined by the applicable state law; and, taken as a 'whole, does not have serious literary, artistic, political or scientific value. 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. E. Forty-three states have adopted the Miller Standard~ 2/24/87 1 t 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 o o o SECTION 2. ImDlementation. A. The Mayor and Common Council of the City of San Bernardino support the adoption of Senate Bill ~, 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, H. L. Richardson and Ruben Ayala. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a the meeting thereof, held on , 1987, by the fOllowing day of vote, to wit: AYES: Council Members NAYS: ABSENT: 19 20 21 22 of City Clerk The foregoing resolution is hereby approved this , 1987. day 23 24 Mayor of the city of San Bernardino 25 Approved as to form: 26 27 28 1'l~J~ D !/' .~t= City ttorney 2/24/87 2 a:ITY OF SANBEIOIARDINO 0- MEMORANDUIO To Evlyn wilcox Mayor Senate Bill 5 - Obscene Matter From Ralph H. Prince City Attorney January 2B, 1987 Subject Date Approved Date 700.2 The City Attorney's Office has reviewed Senate Bill 5 relating to obscene matter. upon review, it is the recommendation of this office that the City of San Bernardino support such legislation. The proposed legislatio~ defines "obscene matter" to conform to the federal standard for obscenity established by the United States Supreme!Court decision in Miller v. California, 413 U.s. 15, 93 $.Ct. 2607. In the Miller case, the Supreme Court ruled that materials may be subject to state regulation where the material, taken as a wholer appeals to the prurient interest in seXl portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state lawl and, taken as a whole, does not have serious literary, artistic, political or scientific value. The court stated in the Miller case, at 93 S.Ct. 2616, that "no one will be subject to prosecution for the sale or exposure of obscene materials unless these materials depict or describe patently offensive 'hard core' sexual conduct specifically defined by the regulating state law, as written or construed." The court further states that "these specific prerequisites will provide fair notice to a dealer in such materials that his public and commercial activities may bring prosecution." 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. If you require additional information or the drafting of a resolution supporting Senate Bill 5, please advise. ~HfJw RALPH H. PRINCE City Attorney RHP: lr ,~- . \, '" '~'." ~, ~u" .,'.., '~, c:r~Ct, ';.( ?~1!'l~0!~ , o o o o CITI'Z:t:N~ LfADI....i; EHECTI\E AC:T1()~ Now Oll4..RO Of UtAH' lORS HARRY KULLlJlAN President of the Board BOB HARROO Vjc~Pre5ident ANN McKEE Secrftary IOHN KReAMER Treasurei' ELEANOR LaCORE Director DOREEN PRATHER Director IFRRY SIFGRIST Director RAY DARE Dil'f'Ctor January 2. 1987 Mayor and Members of the City Council. HO",,"ORAR'I 4ft'\O( I.\!l ~ [X)N D. HAMMOND rfl. Former Mayor of Modnto REV, PETER W JOHANSEN Former- Mavor of Modesto lEE H DAVIES ret Farmer Mayor of I'Y\odesto ENOCH 5 CHRISTOFFERSEN Former Mayor of Turtoc:k MOST REV ROCER MAHONY Ar'fhhiShop of Dion~Sf' l, A HAle BERBERIAN Packer-Shipper - Almonds RITA M. CHAFKIN, MD Physician REV, CHARLES CRANE St"nior Pastor KATHIE L CROflrrIIN, M.O Physician MA THEW FISCAlINI Farmer JOE FULFORO Businessman I EROME C KOPP HIM" School Principal VIRCINIA MARTIN Homemaker 'AMES W R SHADE AlA Iclmf'S Shade & Aswciatps RON SIMI Ron 5lmi Florists CHESTER SMITH T V and Radio Owner-Broadca'Jtpr DENNIS WILSON Mld.Vallf"V EfllIMef'rinl JOHN SWOOLLEY. M,D Physician THOMAS R. STONE Rf'al EstatE' Oevt>lopment RONALO V (BUO) STONE Real EstatE' Qe'lPlopment HERBERT ELLINGWOOD Polilical Aidt' WILLIAM P KELLY Furmf'r F HI ""lIt-nl Lasl year our organizalion addressed a letter to you regarding support for Assembly Bill 365. The bill was to redefine obscenilY, and change California law to confcltm_with the United Stales Supreme Court; 1973 decision. Miller us. Colifornia. ! The supporl from California cities was excellent. An acceptable compromise in lhe language was necessary and the new law became effective January 1. 1987. A recenl Gallup Poll indicates 73% of Americans favor stronger enforce., ment of our laws. Forty.lhree stales have the Miller Standard.... Senalor Wadie Oeddeh is sponsoring Senate Bill 5 and is joined by Senator Newlon Russell and Assemblywoman Marian LaFollette. Senate Bill 5 is the Miller Slandard. \ The U.S. Attorney General's Commission on Pornography recently reo leased information regarding the effects lhal may result from tile use of pornog' raphy. 57% of rapisls and 43% of child molesters surveyed admitted lheir addiction to pornography. In California during 1985 apprOXimately 11.000 cases of rape and 85.000 cases of sexual child abuse were reported. Experts claim only one in seven cases are reporled. This lhreal to lhe heallh and safely of our women and children may decrease dramalically wilh lhe effective proseculion of illegal obscenity. S.B, 5 is nol breaking new legal ground. II is an attempl to bring 10 Cali. fornia lhe currenl constilutional law of lhe land established 14 years ago by lhe United States Supreme Court. Your City Attorr.ey and Oislricl Attorney will need) to review S.B. 5 and upon their recommendation you may hopefully supporl this imporlanl bill. Please write your letter of support to: Senalor Wadle Deddeh 401h Senalorial Oistricl Stale Capitol Sacramenlo. CA 95814 Your timely action is crucial in our slruggle for Thank you for your consideration. Rf1'Eltb JAfi O. '- decMA\'lM'~alib~~ II:;C~OfSd1 Sincerely. J'4 T ~~ Harry Kullijian President. C.L.EAN. -.----.....-. ._-- . --....- ... - - .- 1',0, BOX 918 MODESTO. 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