SB740 SFAT Takubo #2 3-9

Smith  7883

Senator Takubo moved to amend the title by striking out the title and substituting therefor a new title, to read as follows:

Eng. Com. Sub. for Com. Sub. for SB 740—A Bill to amend and reenact §18-5-27 of the Code of West Virginia, 1931 as amended; to amend and reenact §29-1-8c of said code; to amend and reenact §61-8-28a of said code; to amend and reenact §61-8c-1 of said code; and to amend said code by adding 2 new sections, designated §61-8c-2a and §61-8c-12 all relating to requiring public schools to develop a complaint and review process wherein parents, custodians, and guardians may access to school libraries where their child or children, or children under their care, custody, and control attend; establishing a complaint and review process by which parents, custodians, and guardians may object to library materials being available to their child or a child in their care, custody, and control based on age-appropriateness; establishing review by the county superintendent and establishing time limits for the process; requiring public, county, and regional libraries to establish a complaint resolution system whereby parents, guardians, and custodians of children who are cardholders may object to the age-appropriateness of library materials available to the child; establishing an appeal process; setting time limits for decisions; directing the State Library Section to promulgate a complaint form and establishing the State Library Director is the ultimate level of appeal; prohibiting the use of certain manipulated images; prohibiting deep fake images for the nonconsensual disclosure of private intimate images; prohibiting the unlawful depiction of deep fake images of nude or partially nude minors or minors engaged in sexually explicit conduct; establishing such conduct as criminal offenses, subject to criminal penalties; creating a new criminal offense of manipulating a photograph, image, video clip, movie, or similar recording containing sexually explicit conduct by the insertion thereof of a visual image of an actual minor so as to create the appearance that it is a minor engaged in the sexually explicit conduct; defining terms; clarifying that the offense is separate and distinct from any other offense;  establishing criminal penalties; establishing the criminal offenses of creating, producing, distributing, or possessing with intent to distribute artificial intelligence-created visual depictions of child pornography when no actual minor is depicted; defining terms; clarifying that the visual depiction of a minor need not be of an actual person; and establishing criminal penalties.

Adopted

Rejected