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Bill > SB048


CO SB048

CO SB048
Protect Students From Harmful Material


summary

Introduced
01/07/2019
In Committee
01/07/2019
Crossed Over
Passed
Dead
01/23/2019

Introduced Session

2019 Regular Session

Bill Summary

The bill requires an entity that provides electronically accessible educational materials to a public school or school district to equip the materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene. A parent or legal guardian may bring a civil action against an entity that provides electronically accessible educational materials and that violates this requirement if the parent's child viewed material that is harmful to a child or obscene through the material provided by the entity. The parent or legal guardian is entitled to injunctive relief, the greater of a fine in the range of $1,000 to $5,000 for each violation or actual damages incurred as a result of each violation, exemplary damages, and reasonable attorney fees and costs. It is an affirmative defense if the entity equips the materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene. The bill requires each school district or public school to ensure that any database provided by an entity accessible to students is equipped with computer software or a filter service that prohibits access to material that is harmful to children or obscene by that entity, and each computer or other electronic device that a student may have access to is equipped with computer software or a filter service that prohibits access to material that is harmful to children or obscene.

AI Summary

This bill requires entities that provide electronically accessible educational materials to public schools or school districts to equip those materials with computer software or a filter service that prohibits access to material that is harmful to children or obscene. It also requires schools to ensure that any databases they provide are equipped with similar filtering software or services, and that all computers or electronic devices accessible to students have such filtering capabilities. The bill allows parents or legal guardians to bring civil lawsuits against entities that violate these requirements if their child views harmful or obscene material through the provided materials. The bill defines key terms like "harmful to children" and "obscene" in detail. If the entity has equipped the materials with appropriate filtering software or services, it can use that as an affirmative defense in the civil lawsuit.

Committee Categories

Justice

Sponsors (2)

Last Action

Senate Judiciary Committee Hearing (11:45 1/23/2019 Room 0112) (on 01/23/2019)

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