Chap. 49.-—-An ACT to amend chapter 24 of the Code of Virginia by adding
thereto ten new sections, numbered 374-a and 378-a, 378-b, 378-c, 378-d,
378-e, 378-f, 378-g, 378-h, and 378-i, relating to the attorney general and the
Division of Motion Picture Censorship; providing for the regulation of motion
and sound films, reels or records used in connection with any motion picture;
providing a system of examination, approval and regulation thereof, and
of all matters connected therewith; providing for censors, their powers and
duties; providing penalties for the violation of the sections embraced in
this act; and to revise and codify the laws of this State relating to the
censorship of motion and/or sound picture film, reel or record used in
connection with any motion picture; and to repeal chapter 257 of the acts
of 1922, as heretofore amended; to repeal sections 22-a and 22-c of chapter
33 of the acts of 1927, being an act to reorganize the State government.

[H B 11]

Approved February 25, 1930

1. Be it enacted by the general assembly of Virginia, That chap-
ter twenty-four of the Code of Virginia, be amended by adding thereto
ten new sections, numbered three hundred and seventy-four-a, and
three hundred and seventy-eight-a, three hundred and seventy-eight-b,
three hundred and seventy-eight-c, three hundred and seventy-eight-d,
three hundred and seventy-eight-e, three hundred and seventy-eight-f,
three hundred and seventy-eight-g, three hundred and seventy-eight-h,
and three hundred and seventy-eight-i, and to read as follows:

Section 374-a. The attorney general shall be the chief executive
officer of the department of law. All existing provisions of law in
relation to the attorney general shall continue in force.

Section 378-a. There is hereby established in the department of
aw a division of motion picture censorship. For such division three
censors with equal powers shall be appointed by the attorney general
[rom resident citizens of the Commonwealth, well qualified by educa-
ion and experience to act as censors. They shall hold office at the
oleasure of the attorney general. One of such members shall be
selected as director by the other two. Each censor before assuming
he duties of his office, shall take and subscribe the oath prescribed
vy section thirty-four of the Constitution in the manner prescribed by
section two hundred and seventy-three of the Code, and shall enter
into bond with security approved by the attorney general in the sum
of five thousand dollars conditioned for the faithful performance of
all his duties under the law and all amendments thereto, the costs of
said bonds to be paid out of the State treasyry. When only two
members of said division are acting and they f cagree as to approval
of any film or reel they shall call in the superintendent of public in-
struction, who shall view the film or reel and cast the deciding vote as
to approval or disapproval of said film or reel. The powers and duties
of the censors shall be exercised and performed under the super-
vision and control of the attorney general as the chief executive
officer of the department of law. The compensation of the censors
and of the employees of the division shall be fixed by law.

Section 378-b. It shall be unlawful to exhibit, or to sell, lease
or lend for exhibition at any place of amusement for pay or in con-
nection with any business in the State of Virginia, any motion or sound
picture film or reel, unless there is at the time in full force and effect
a valid license or permit therefor of the division of motion picture
censorship, hereinafter called the division, and unless such film or reel
shall contain for exhibition upon the screen identification matter in
the substance, style and length which the division shall prescribe.
The provisions of this chapter shall apply alike to the so-called silent
films and to all types of motion pictures reproducing sound through
synchronization with spoken words, sounds and music. All sounds,
words, songs and spoken dialogue, as well as scenes and written sub-
titles, coming within the inhibitions of this chapter, shall be subject
to the jurisdiction of the division.

Section 378-c. The division shall promptly examine every motion
picture film submitted to it as herein required, and unless such film
or any part thereof including sub-titles, spoken dialogue, songs, other
words or sounds is obscene, indecent, immoral, inhuman, or is of such
a character that its exhibition would tend to corrupt morals or incite
to crime, shall issue a license therefor. If the division shall not
license any film submitted, it shall furnish to the applicant therefor
a written report of the reasons for its refusal and a description of
each rejected part of a film not rejected in toto.

The division may at any time issue a permit for any film portray-
ing current events and not otherwise prohibited by law without inspec-
tion thereof.

The division shall issue a permit for every motion picture film of
a strictly scientific character intended for use by the learned profes-
sions, without examination thereof, provided that the owner thereof,
either personally or by his duly authorized attorney or representative.
shall file the prescribed application which shall include a sworn descrip-
tion of the film and statement that the film is not to be exhibited at
any public or private place for amusement.

The division may issue without examination a permit for anv
motion picture film intended solely for strictly educational, charitable
and religious purposes, or by any employer for the instruction or wel-
fare of his employees, provided that the owner thereof, either per-
sonally or by his duly authorized attorney or representative, shall file
the prescribed application, which shall include a sworn description of
the film and statement that the film is to be exhibited only for the
above named purposes.

The division may in its discretion without inspection issue permits
for duplicate copies of films, the originals of which have been pub-
licly exhibited in this State prior to August first, nineteen hundred
and twenty-two, and for which permits were granted by the Virginia
board of censors prior to September first, nineteen hundred and twenty-
two.

Any permit or license issued as herein provided may be revoked
by the division five days after notice in writing is sent by registered
mail to the applicant at the address named in the application. Any
exhibition of such film thereafter, unless a new permit or license has
been obtained shall constitute a misdemeanor. After any such revoca-
tion such film may be submitted to the division only in the manner
provided for license.

The permit fee for current event films shall be the same as prescribed
by section three hundred and seventy-eight-d for license of original
and duplicate films; that for scientific, educational, charitable and re-
ligious films shall be fifty cents for each permit, and that for the
duplicate of each film exhibited.in Virginia prior to August first, nine-
teen hundred and twenty-two for which a permit has heretofore been
granted, one dollar for each thousand feet of film or fraction thereot
in excess of one thousand feet.

Section 378-d. The division shall collect from each applicant for
a license or permit, except as otherwise expressly provided by law, a
fee of two dollars for each one thousand feet or fraction thereof of
original film licensed or permitted by the division. If application be
made for one or more duplicates at the same time as the application
for the original is made or thereafter, the division shall collect a fee
of one dollar for each one thousand feet or fraction of such duplicate
film for each permit or license issued. All such fees shall be paid
by the division into the treasury of the State, as required by law.

No license or permit shall be issued for any film unless and until
application therefor shall be made in writing in the form, manner
and substance prescribed by the division, and unless and until said
application be accompanied by the required fee as well as by the dia-
logue words or script of said film should it be a picture reproducing
sound. Such application shall immediately be given a serial number
which shall correspond with the number appearing on the approval seal
issued by the division.

Section 378-e. If any film be rejected in toto or if any elimination
of a film or reel whether words, sounds or pictures is ordered by the
division, the applicant submitting such film or reel for examination
shall receive immediate notice of such rejection or elimination and if
appealed from, such film, reel or view shall be promptly re-examined,
in the presence of such applicant, or his agent, by all members of the
division, and the same promptly and finally approved or disapproved
with the right of appeal from the decision of the division to the circuit
court of the city of Richmond. Such appeal shall be taken within ten
days and by giving written notice thereof to the division. On such
notice being given all papers relating to the application shall be certi-
fied by the director to the clerk of said circuit court and the proceed-
ings on appeal shall be so far as is possible similar to appeals from
justices of the peace. Such picture shall not be exhibited pending the
determination of such appeal, nor thereafter without the elimination
ordered if the decision of the division be sustained.

Any license or permit issued upon a false or misleading affidavit
or application shall be void ab initio. Any change or alteration in a
film after license or permit, except the elimination of a part or except
upon written direction of the division, shall constitute a misdemeanor
and such alteration shall make void from the time of change the license
or permit therefor. A conviction for a crime committed by the ex-
hibition or unlawful possession of any film in the State of Virginia
shall per se revoke any outstanding license or permit for said film and
the division shall cause notice thereof to be sent to the applicant or
applicants.

Section 378-f. No person or corporation shall exhibit or offer
to another for exhibition purposes any poster, banner or other similar
advertising matter in connection with any motion picture film, which
poster, banner or matter is obscene, indecent, immoral, inhuman, sac-
rilegious or of such a character that its exhibition would tend to cor-
rupt morals or incite to crime. If such poster, banner or similar ad-
vertising matter is so exhibited or offered to another for exhibition
it shall be sufficient ground for the revocation of any permit or license
issued by the division.

Section 378-g. The division shall have authority to enforce the
provisions and purposes of this act; but this shall not be construed
to relieve any state or local peace officer in the State from the duty
otherwise imposed of detecting and prosecuting violations of the laws
of the State of Virginia. In carrying out and enforcing the purposes
of this act, the division may make all needful rules and regulations
not inconsistent with the laws of the State of Virginia. .

Section 378-h. The division shall, on or before the first day of
July in each year, make a detailed report of its work to the governor.
Such report shall be printed and distributed as are the reports of the
departments.

Section 378-i. Any person, firm or corporation who violates any
of the provisions of this chapter relating to motion picture censorshif
shall be guilty of a misdemeanor and on conviction, shall be fined not
less than twenty-five dollars, nor more than fifty dollars for the first
offense, and shall be fined not less than fifty dollars, nor more than
one hundred dollars for any subsequent offense. Every day’s exhi-
bition of a film or reel, or of any banner, poster or other like adver-
tising matter used in connection therewith, which violates this act, shall
constitute a separate offense.

2. Be it further enacted by the general assembly of Virginia, That
chapter two hundred and fifty-seven of the acts of nineteen hundred
and twenty-two entitled an act to regulate motion picture films and
reels; providing a system of examination, approval and regulation
thereof, and of the banners, posters and other like advertising matter
used in connection therewith; creating the board of censors; and pro-
viding penalties for the violation of this act, approved March fifteenth,
nineteen hundred and twenty-two, as heretofore amended by chapter
eighty-five of the acts of nineteen hundred and twenty-three entitled
an act to amend and re-enact sections five and seven of an act entitled
an act to regulate motion picture films and reels; providing a system
of examination, approval and regulation thereof, and of the banners,
posters and other like advertising matter used in connection there-
with; creating the board of censors; and providing penalties for the
violation of this act, approved March fifteenth, nineteen hundred and
twenty-two, approved March twenty-fourth, nineteen hundred and
twenty-three be, and the same is hereby, repealed.

3. And, be it further enacted by the general assembly of Virginia,
That sections twenty-two-a and twenty-two-c of chapter thirty-three
of the acts of nineteen hundred and twenty-seven, entitled an act to
reorganize the administration of the State government in order to
secure better service, and through co-ordination and consolidation, to
promote economy and efficiency in the work of the government ; to create
and establish or continue certain departments, divisions, offices, officers,
and other agencies, and to prescribe their powers and duties; to abolish
certain offices, boards, commissions and other agencies, and to repeal
all acts and parts of acts inconsistent with this act to the extent of such
inconsistency, approved April eighteenth, nineteen hundred and twenty-
seven be, and the same are hereby, repealed.