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RESOLUTION NO. 75-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA URGING PASSAGE AND ADOPTION OF SENATE BILL 886, WHICH WOULD ASSIST LOCAL AGENCIES IN THEIR ATTEMPTS TO CONTROL HARMFUL AND OBSCENE MATTER. WHEREAS, the language of existing Section 311 of the Penal Code is based upon a 1957 Opinion of the United States Supreme Court in a case known as the Roth decision, which decision requires proof of three elements of obscenity, among which is the required element that the matter in question "taken as a whole is utterly without redeeming social importance", which must be proved to obtain successful prosecution in obscenity cases; and WHEREAS, in June of 1973 the U.S. Supreme Court rendered an opinion in a case known as Miller v. California which allows the states to replace said element of proof with a standard which would require the material in question to be proven to lack "serious literary, artistic, political or scientific value"; and WHEREAS, the State of California now has the opportunity to revise said section of the Penal Code to comply with the Miller decision and thereby enhance the possibilities of local enforcement against obscene materials; and WHEREAS, there is presently pending before the California State Assembly Committee on Criminal Justice, Senate Bill 886 (Carpenter) which has already been passed by the California Senate, which incorporates said standard, among other things, from the Miller decision and provides for certain civil remedies as well as for criminal prosecution in obscenity cases; and WHEREAS, this Council is of the opinion, that if passed and adopted into law SB-886 will greatly assist the cities and counties of the State in their efforts to create a better environ- ment for all residents of the State. NOWv THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, as follows: 1. That this Council hereby urges upon the Legislature and the Governor passage and adoption of SB-886, upon the grounds that said measure is urgently necessary to enable the cities and counties of the State to deal effectively with problems presented to them by the uncontrolled distribution of offensive and obscene matter. 2. That the City Clerk is hereby directed to cause copies of this Resolution to be forwarded to each Senator and Assemblyman in the Legislature and the Governor of this State, to each city in Orange County and to the Board of Supervisors of Orange County, together with a request that they support passage and adoption of said Bill. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its adjourned regular meeting held on the 13th day of October , 1975. ATTEST: CLERK OF THE COUNCIL