03/01/1994 09:10 AM Senate FIN

                                                                               
  SB 252 - POSSESSION OF CHILD PORNOGRAPHY                                     
                                                                               
  Co-chair  Pearce directed  that  SB 252  be  brought on  for                 
  discussion.      SENATOR   MIKE  MILLER,   sponsor   of  the                 
  legislation,  came before committee  and referenced CSSB 252                 
  (Judiciary).  He advised  that the bill is supported  by all                 
  departments, and he  noted accompany zero fiscal notes.   At                 
  the  present  time,  the  production  and selling  of  child                 
  pornography  is a crime, but  possession is not.   This is a                 
  loophole that should be closed for the  sake of consistency.                 
  Under  the proposed  bill, possession  of  child pornography                 
  would  be  a class  B misdemeanor.   Need  for the  bill was                 
  highlighted by staff at the Dept. of Corrections.                            
                                                                               
  Co-chair Pearce inquired concerning the  penalty for a class                 
  B misdemeanor.   Senator Miller advised  of 90 days in  jail                 
  plus a fine of up to $5,000.                                                 
                                                                               
  Senator Kerttula voiced  his understanding  that lack of  an                 
  immediate effective date  is intended to give  90-day notice                 
  to those who might possess this type of material.                            
                                                                               
  Co-chair Pearce called  for additional testimony.   None was                 
  forthcoming.  Senator Kerttula MOVED for passage of CSSB 252                 
  (Jud) with  individual recommendations.  No objection having                 
  been raised, CSSB  252 (Jud) was  REPORTED OUT of  committee                 
  with  a unanimous  "do pass"  recommendation accompanied  by                 
  zero fiscal notes from the Dept.  of Public Safety, Dept. of                 
  Corrections, Dept. of Law, and  Dept. of Administration (one                 
  from  the Public  Defender  Agency and  the  other from  the                 
  Office of Public Advocacy).