Obscenity and Pornography - As enacted, creates an offense for a person who engages in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult. - Amends TCA Title 7, Chapter 51, Part 14.
SB0003 has been assigned Public Chapter Number 2 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0003Date
    Effective date(s) 04/01/202303/22/2023
    Pub. Ch. 203/22/2023
    Signed by Governor.03/02/2023
    Transmitted to Governor for action.03/02/2023
    Signed by H. Speaker03/02/2023
    Signed by Senate Speaker03/02/2023
    Enrolled and ready for signatures03/02/2023
    Sponsor(s) Added.03/02/2023
    Concurred, Ayes 26, Nays 6 (Amendment 1 - HA0011)03/02/2023
    Placed on Senate Message Calendar for 3/2/202302/28/2023
    Passed H., as am., Ayes 74, Nays 19, PNV 002/23/2023
    H. adopted am. (Amendment 1 - HA0011)02/23/2023
    Subst. for comp. HB.02/23/2023
    Rcvd. from S., held on H. desk.02/13/2023
    Engrossed; ready for transmission to House02/09/2023
    Sponsor(s) Added.02/09/2023
    Passed Senate as amended, Ayes 26, Nays 602/09/2023
    Senate adopted Amendment (Amendment 1 - SA0002)02/09/2023
    Placed on Senate Regular Calendar for 2/9/202302/07/2023
    Sponsor(s) Added.02/06/2023
    Senate Reset on calendar for 2/9/202302/06/2023
    Placed on Senate Regular Calendar for 2/6/202302/02/2023
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 1 PNV 001/31/2023
    Sponsor(s) Added.01/30/2023
    Sponsor(s) Added.01/26/2023
    Placed on Senate Judiciary Committee calendar for 1/31/202301/25/2023
    Sponsor(s) Added.01/23/2023
    Refer to Senate Judiciary Committee01/20/2023
    Sponsor(s) Added.01/17/2023
    Sponsor(s) Added.01/13/2023
    Passed on Second Consideration, held on desk pending committee appointments01/11/2023
    Sponsor(s) Added.01/11/2023
    Introduced, Passed on First Consideration01/10/2023
    Filed for introduction11/09/2022
    Actions For HB0009Date
    Comp. became Pub. Ch. 203/22/2023
    Comp. SB subst.02/23/2023
    Sponsor(s) Added.02/23/2023
    H. Placed on Regular Calendar for 2/23/202302/16/2023
    Placed on cal. Calendar & Rules Committee for 2/16/202302/15/2023
    Sponsor(s) Added.02/15/2023
    Rec. for pass. if am., ref. to Calendar & Rules Committee02/14/2023
    Sponsor(s) Added.02/09/2023
    Placed on cal. Criminal Justice Committee for 2/14/202302/08/2023
    Sponsor(s) Added.02/07/2023
    Action def. in Criminal Justice Committee to 2/14/202302/07/2023
    Sponsor(s) Added.02/02/2023
    Placed on cal. Criminal Justice Committee for 2/7/202302/01/2023
    Sponsor(s) Added.02/01/2023
    Sponsor(s) Added.01/31/2023
    Rec for pass if am by s/c ref. to Criminal Justice Committee01/31/2023
    Sponsor(s) Added.01/25/2023
    Placed on s/c cal Criminal Justice Subcommittee for 1/31/202301/25/2023
    Assigned to s/c Criminal Justice Subcommittee01/12/2023
    Ref. to Criminal Justice Committee01/12/2023
    P2C held on desk, pending appointment of Standing Committees01/11/2023
    Intro., P1C.01/10/2023
    Filed for introduction12/07/2022
  • AmendmentsFiscal Memos
    SA0002Amendment 1-0 to SB0003Fiscal Memo for SA0002 (3058)  
    AmendmentsFiscal Memos
    HA0011Amendment 1-1 to HB0009Fiscal Memo for HA0011 (3810)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0003

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    This bill creates an offense for a person who engages in an adult cabaret performance on public property or in a location where the adult cabaret performance could be viewed by a person who is not an adult. The bill defines an "adult cabaret performance" to mean a performance in a location other than an adult cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration.

    A first violation of this offense is a Class A misdemeanor, and a second or subsequent violation of this offense is a Class E felony.

    This bill also expressly:

    (1) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to July 1, 2023, that is in conflict with this bill; and

    (2) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this bill.

    ON FEBRUARY 9, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 3, AS AMENDED.

    AMENDMENT #1 rewrites this bill and creates an offense for a person who engages in adult cabaret entertainment on public property or in a location where the adult cabaret entertainment could be viewed by a person who is not an adult. This amendment defines "adult cabaret entertainment" as adult-oriented performances that are harmful to minors, as such term is defined under present law; feature go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; and include a single performance or multiple performances by an entertainer. An "entertainer" means a person who provides:

    (1) Entertainment within an adult-oriented establishment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee, escort, or an independent contractor; or

    (2) Adult cabaret entertainment, regardless of whether a fee is charged or accepted for entertainment and regardless of whether entertainment is provided as an employee or an independent contractor.

    Present law defines "harmful to minors" as that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence, or sadomasochistic abuse when the matter or performance:

    (1) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful, or morbid interests of minors;

    (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and

    (3) Taken as a whole lacks serious literary, artistic, political, or scientific values for minors.

    A first violation of this offense is a Class A misdemeanor, and a second or subsequent violation of this offense is a Class E felony.

    This amendment also expressly:

    (1) Preempts an ordinance, regulation, restriction, or license that was lawfully adopted or issued by a political subdivision prior to April 1, 2023, that is in conflict with this amendment; and

    (2) Prevents or preempts a political subdivision from enacting and enforcing in the future other ordinances, regulations, restrictions, or licenses that are in conflict with this amendment.

    ON FEBRUARY 23, 2023, THE HOUSE SUBSTITUTED SENATE BILL 3 FOR HOUSE BILL 9. ADOPTED AMENDENT #1, AND PASSED SENATE BILL 3, AS AMENDED.

    AMENDMENT #1 incorporates the changes made by Senate Amendment #1 with the following differences:

    (1) This amendment restores language specifying that adult-oriented entertainment featuring topless dancers is a form of adult cabaret entertainment; and

    (2) This amendment revises part of the definition of "entertainer" by replacing provision of adult cabaret entertainment with provision of a performance of actual or simulated specified sexual activities regardless of whether a fee is charged or accepted for the performance and regardless of whether the performance is provided as an employee or an independent contractor.

  • FiscalNote for SB0003/HB0009 filed under SB0003
  • House Floor and Committee Votes

    House moved to substitute and conform to SB0003

    SB0003 by Johnson - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 2/23/2023
    Passed
              Ayes...............................................74
              Noes...............................................19

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 74.
              Representatives voting no were: Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, McKenzie, Miller, Mitchell, Parkinson, Powell, Shaw, Thompson -- 19.

    SB0003 by Johnson - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 2/23/2023
    Passed
              Ayes...............................................74
              Noes...............................................20

              Representatives voting aye were: Alexander, Barrett, Baum, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Capley, Carringer, Cepicky, Cochran, Crawford, Darby, Davis, Doggett, Eldridge, Faison, Farmer, Fritts, Gant, Garrett, Gillespie, Grills, Hale, Haston, Hawk, Hazlewood, Helton-Haynes, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin B, Martin G, McCalmon, Moody, Moon, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Sherrell, Slater, Sparks, Stevens, Terry, Todd, Travis, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 74.
              Representatives voting no were: Chism, Clemmons, Dixie, Freeman, Glynn, Hakeem, Hardaway, Harris, Hemmer, Jernigan, Johnson G, Jones, McKenzie, Miller, Mitchell, Parkinson, Powell, Shaw, Thompson, Towns -- 20.

              HB0009 by Todd - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 2/23/2023 2/16/2023
              Voice Vote - Ayes Prevail

              HB0009 by Todd - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 2/14/2023
              Voice Vote - Ayes Prevail Rep(s). Hardaway, Johnson G. requested to be recorded as voting No

              HB0009 by Todd - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 1/31/2023
              Voice Vote - Ayes Prevail Rep(s). Johnson G. requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB0003 by Johnson - FLOOR VOTE: Motion to Concur Amend# 1 by Johnson 3/2/2023
    Passed
              Ayes...............................................26
              Noes................................................6

              Senators voting aye were: Bailey, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Watson, White, Yager, Mr. Speaker McNally -- 26.
              Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Yarbro -- 6.

    SB0003 by Johnson - FLOOR VOTE: as Amended Third Consideration 2/9/2023
    Passed
              Ayes...............................................26
              Noes................................................6

              Senators voting aye were: Bailey, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager -- 26.
              Senators voting no were: Akbari, Campbell, Kyle, Lamar, Oliver, Yarbro -- 6.

    SB0003 by Johnson - SENATE JUDICIARY COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 7, Nays 1 PNV 0 1/31/2023
    Passed
              Ayes................................................7
              Noes................................................1

              Senators voting aye were: Gardenhire, Lundberg, Roberts, Rose, Stevens, Taylor, White -- 7.
              Senators voting no were: Lamar -- 1.