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Senator introduces bill to apply Georgia obscenity law to libraries; committee questions removal of librarian immunity
Summary
Senate Bill 74 would remove a statutory library exemption to Georgia's obscenity statute and requires libraries to recatalog certain materials; sponsors say it protects children while opponents warn stripping immunity could incentivize prosecution of librarians.
Senator Burns introduced Senate Bill 74 to the committee, saying the measure would repeal a library exemption to Georgia's obscenity statute, OCGA —7-12-103, and extend the statute's reach to library holdings while maintaining protections for librarians. Burns described the proposal as a "common-sense, data-driven" response to rising pedestrian fatalities (in a separate resolution) and said the bill is intended to protect children.
The measure's sponsor said the bill does not ban any books and does not seek to criminalize librarians. "It does not change long established Georgia statutes as it relates to obscenity," Burns said. "No book is banned. Number 3, it does not criminalize librarians." He added that the legislation would require recataloguing and placement of materials deemed inappropriate for children to adult sections and that the language reflects committee deliberations and a recommendation from the director of the West Georgia Regional Library System.
Committee members pressed Burns on whether removing the statutory immunity for librarians equates to criminalizing their conduct. One member asked bluntly, "Senator Burns, why are you trying to criminalize librarians?" Burns replied that removing the exemption would place librarians in the same statutory posture as teachers and other professionals and that the only accountability would be for failures to follow local governing authorities' decisions on materials.
Other members suggested the committee consider targeting unfettered internet access for minors rather than changing library protections, and one member said removing immunity could create an incentive to prosecute librarians when prosecutorial resources might be better used on violent crime. "We don't need to incentivize prosecution of librarians when we are obviously overrun... by violent crime," that member said, and voiced opposition to the bill.
The committee record shows extensive discussion but does not record a formal vote on SB 74 during this session. The sponsor said the bill had been considered in the Judiciary Non-Civil Committee and that friendly amendments from the West Georgia Regional Library System were adopted during that process. The transcript identifies the statutory reference explicitly as OCGA —7-12-103 (obscenity statute).
What happens next: The transcript records discussion and objections but does not record a final committee vote on SB 74 during this meeting.
