Judiciary I - Civil Law Committee
Filed: 3/9/2005
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4023
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4023 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 1961 is amended by adding | ||||||
5 | Articles 12A and 12B as follows: | ||||||
6 | (720 ILCS 5/Art. 12A heading new)
| ||||||
7 | ARTICLE 12A. VIOLENT VIDEO GAMES | ||||||
8 | (720 ILCS 5/12A-1 new)
| ||||||
9 | Sec. 12A-1. Short title. This Article may be cited as the | ||||||
10 | Violent Video Games Law.
| ||||||
11 | (720 ILCS 5/12A-5 new)
| ||||||
12 | Sec. 12A-5. Findings.
| ||||||
13 | (a) The General Assembly finds that minors who play violent | ||||||
14 | video games are more likely to:
| ||||||
15 | (1) Exhibit violent, asocial, or aggressive behavior. | ||||||
16 | (2) Experience feelings of aggression. | ||||||
17 | (3) Experience a reduction of activity in the frontal | ||||||
18 | lobes of the brain which is responsible for controlling | ||||||
19 | behavior. | ||||||
20 | (b) While the video game industry has adopted its own | ||||||
21 | voluntary standards describing which games are appropriate for | ||||||
22 | minors, those standards are not adequately enforced. |
| |||||||
| |||||||
1 | (c) Minors are capable of purchasing and do purchase | ||||||
2 | violent video games. | ||||||
3 | (d) The State has a compelling interest in assisting | ||||||
4 | parents in protecting their minor children from violent video | ||||||
5 | games.
| ||||||
6 | (e) The State has a compelling interest in preventing | ||||||
7 | violent, aggressive, and asocial behavior. | ||||||
8 | (f) The State has a compelling interest in preventing | ||||||
9 | psychological harm to minors who play violent video games. | ||||||
10 | (g) The State has a compelling interest in eliminating any | ||||||
11 | societal factors that may inhibit the physiological and | ||||||
12 | neurological development of its youth. | ||||||
13 | (h) The State has a compelling interest in facilitating the | ||||||
14 | maturation of Illinois' children into law-abiding, productive | ||||||
15 | adults.
| ||||||
16 | (720 ILCS 5/12A-10 new)
| ||||||
17 | Sec. 12A-10. Definitions. For the purposes of this Article, | ||||||
18 | the following terms have the following meanings:
| ||||||
19 | (a) "Video game retailer" means a person who sells or rents | ||||||
20 | video games to the public.
| ||||||
21 | (b) "Video game" means an object or device that stores | ||||||
22 | recorded data or instructions, receives data or instructions | ||||||
23 | generated by a person who uses it, and, by processing the data | ||||||
24 | or instructions, creates an interactive game capable of being | ||||||
25 | played, viewed, or experienced on or through a computer, gaming | ||||||
26 | system, console, or other technology. | ||||||
27 | (c) "Minor" means a person under 18 years of age. | ||||||
28 | (d) "Person" includes but is not limited to an individual, | ||||||
29 | corporation, partnership, and association.
| ||||||
30 | (e) "Violent" video games include depictions of or | ||||||
31 | simulations of human-on-human violence in which the player | ||||||
32 | kills, seriously injures, or otherwise causes serious physical | ||||||
33 | harm to another human, including but not limited to depictions |
| |||||||
| |||||||
1 | of death, dismemberment, amputation, decapitation, maiming, | ||||||
2 | disfigurement, mutilation of body parts, or rape.
| ||||||
3 | (720 ILCS 5/12A-15 new)
| ||||||
4 | Sec. 12A-15. Restricted sale or rental of violent video | ||||||
5 | games. | ||||||
6 | (a) A person who sells, rents, or permits to be sold or | ||||||
7 | rented, any violent video game to any minor, commits a Class A | ||||||
8 | misdemeanor for which a fine of $5,000 may be imposed. | ||||||
9 | (b) A person who sells, rents, or permits to be sold or | ||||||
10 | rented any violent video game via electronic scanner must | ||||||
11 | program the electronic scanner to prompt sales clerks to check | ||||||
12 | identification before the sale or rental transaction is | ||||||
13 | completed. A person who violates this subsection (b) commits a | ||||||
14 | Class A misdemeanor for which a fine of $5,000 may be imposed. | ||||||
15 | (c) A person may not sell or rent, or permit to be sold or | ||||||
16 | rented, any violent video game through a self-scanning checkout | ||||||
17 | mechanism. A person who violates this subsection (c) commits a | ||||||
18 | Class A misdemeanor for which a fine of $5,000 may be imposed.
| ||||||
19 | (720 ILCS 5/12A-20 new)
| ||||||
20 | Sec. 12A-20. Affirmative defenses. In any prosecution | ||||||
21 | arising under this Article, it is an affirmative defense: | ||||||
22 | (1) that the defendant was a family member of the minor for | ||||||
23 | whom the game was purchased. "Family member" for the purpose of | ||||||
24 | this Section, includes a parent, sibling, grandparent, aunt, | ||||||
25 | uncle, or first cousin; or | ||||||
26 | (2) that the minor who purchased the game exhibited a draft | ||||||
27 | card, driver's license, birth certificate or other official or | ||||||
28 | apparently official document purporting to establish that the | ||||||
29 | minor was 18 years of age or older, which the defendant | ||||||
30 | reasonably relied on and reasonably believed to be authentic.
| ||||||
31 | (720 ILCS 5/12A-25 new)
|
| |||||||
| |||||||
1 | Sec. 12A-25. Labeling of violent video games. | ||||||
2 | (a) Video game retailers shall label all violent video | ||||||
3 | games as defined in this Article, with a solid white "18" | ||||||
4 | outlined in black. The "18" shall have dimensions of no less | ||||||
5 | than 2 inches by 2 inches. The "18" shall be displayed on the | ||||||
6 | front face of the video game package. | ||||||
7 | (b) A retailer's failure to comply with this Section is a | ||||||
8 | petty offense punishable by a fine of $1,000 for the first 3 | ||||||
9 | violations, and a business offense punishable by a fine of | ||||||
10 | $5,000 for every subsequent violation.
| ||||||
11 | (720 ILCS 5/Art. 12B heading new)
| ||||||
12 | ARTICLE 12B. SEXUALLY EXPLICIT VIDEO GAMES | ||||||
13 | (720 ILCS 5/12B-1 new)
| ||||||
14 | Sec. 12B-1. Short title. This Article may be cited as the | ||||||
15 | Sexually Explicit Video Games Law.
| ||||||
16 | (720 ILCS 5/12B-5 new)
| ||||||
17 | Sec. 12B-5. Findings. The General Assembly finds sexually | ||||||
18 | explicit video games inappropriate for minors and that the | ||||||
19 | State has a compelling interest in assisting parents in | ||||||
20 | protecting their minor children from sexually explicit video | ||||||
21 | games.
| ||||||
22 | (720 ILCS 5/12B-10 new)
| ||||||
23 | Sec. 12B-10. Definitions. For the purposes of this Article, | ||||||
24 | the following terms have the following meanings:
| ||||||
25 | (a) "Video game retailer" means a person who sells or rents | ||||||
26 | video games to the public.
| ||||||
27 | (b) "Video game" means an object or device that stores | ||||||
28 | recorded data or instructions, receives data or instructions | ||||||
29 | generated by a person who uses it, and, by processing the data | ||||||
30 | or instructions, creates an interactive game capable of being |
| |||||||
| |||||||
1 | played, viewed, or experienced on or through a computer, gaming | ||||||
2 | system, console, or other technology.
| ||||||
3 | (c) "Minor" means a person under 18 years of age.
| ||||||
4 | (d) "Person" includes but is not limited to an individual, | ||||||
5 | corporation, partnership, and association.
| ||||||
6 | (e) "Sexually explicit" video games include those that the | ||||||
7 | average person, applying contemporary community standards | ||||||
8 | would find, with respect to minors, is designed to appeal or | ||||||
9 | pander to the prurient interest and depicts or represents in a | ||||||
10 | manner patently offensive with respect to minors, an actual or | ||||||
11 | simulated sexual act or sexual contact, an actual or simulated | ||||||
12 | normal or perverted sexual act or a lewd exhibition of the | ||||||
13 | genitals or post-pubescent female breast.
| ||||||
14 | (720 ILCS 5/12B-15 new)
| ||||||
15 | Sec. 12B-15. Restricted sale or rental of sexually explicit | ||||||
16 | video games. | ||||||
17 | (a) A person who sells, rents, or permits to be sold or | ||||||
18 | rented, any sexually explicit video game to any minor, commits | ||||||
19 | a Class A misdemeanor for which a fine of $5,000 may be | ||||||
20 | imposed. | ||||||
21 | (b) A person who sells, rents, or permits to be sold or | ||||||
22 | rented any sexually explicit video game via electronic scanner | ||||||
23 | must program the electronic scanner to prompt sales clerks to | ||||||
24 | check identification before the sale or rental transaction is | ||||||
25 | completed. A person who violates this subsection (b) commits a | ||||||
26 | Class A misdemeanor for which a fine of $5,000 may be imposed. | ||||||
27 | (c) A person may not sell or rent, or permit to be sold or | ||||||
28 | rented, any sexually explicit video game through a | ||||||
29 | self-scanning checkout mechanism. A person who violates this | ||||||
30 | subsection (c) commits a Class A misdemeanor for which a fine | ||||||
31 | of $5,000 may be imposed.
| ||||||
32 | (720 ILCS 5/12B-20 new)
|
| |||||||
| |||||||
1 | Sec. 12B-20. Affirmative defenses. In any prosecution | ||||||
2 | arising under this Article, it is an affirmative defense: | ||||||
3 | (1) that the defendant was a family member of the minor for | ||||||
4 | whom the game was purchased. "Family member" for the purpose of | ||||||
5 | this Section, includes a parent, sibling, grandparent, aunt, | ||||||
6 | uncle, or first cousin; or | ||||||
7 | (2) that the minor who purchased the game exhibited a draft | ||||||
8 | card, driver's license, birth certificate or other official or | ||||||
9 | apparently official document purporting to establish that the | ||||||
10 | minor was 18 years of age or older, which the defendant | ||||||
11 | reasonably relied on and reasonably believed to be authentic.
| ||||||
12 | (720 ILCS 5/12B-25 new)
| ||||||
13 | Sec. 12B-25. Labeling of sexually explicit video games. | ||||||
14 | (a) Video game retailers shall label all sexually explicit | ||||||
15 | video games as defined in this Act, with a solid white "18" | ||||||
16 | outlined in black. The "18" shall have dimensions of no less | ||||||
17 | than 2 inches by 2 inches. The "18" shall be displayed on the | ||||||
18 | front face of the video game package. | ||||||
19 | (b) A retailer who fails to comply with this Section is | ||||||
20 | guilty of a petty offense punishable by a fine of $1,000 for | ||||||
21 | the first 3 violations, and a business offense punishable by a | ||||||
22 | $5,000 fine for every subsequent violation.
| ||||||
23 | (720 ILCS 5/12B-30 new)
| ||||||
24 | Sec. 12B-30. Posting notification of video games rating | ||||||
25 | system.
| ||||||
26 | (a) A retailer who sells or rents video games shall post a | ||||||
27 | sign that notifies customers that a video game rating system, | ||||||
28 | created by the Entertainment Software Ratings Board, is | ||||||
29 | available to aid in the selection of a game. The sign shall be | ||||||
30 | prominently posted in, or within 5 feet of, the area in which | ||||||
31 | games are displayed for sale or rental, at the information desk | ||||||
32 | if one exists, and at the point of purchase. |
| |||||||
| |||||||
1 | (b) The lettering of each sign shall be printed, at a | ||||||
2 | minimum, in 36-point type and shall be in black ink against a | ||||||
3 | light colored background, with dimensions of no less than 18 by | ||||||
4 | 24 inches. | ||||||
5 | (c) A retailer's failure to comply with this Section is a | ||||||
6 | petty offense punishable by a fine of $1,000 for the first 3 | ||||||
7 | violations, and a business offense punishable by a $5,000 fine | ||||||
8 | for every subsequent violation.
| ||||||
9 | (720 ILCS 5/12B-35 new)
| ||||||
10 | Sec. 12B-35. Availability of brochure describing rating | ||||||
11 | system.
| ||||||
12 | (a) A video game retailer shall make available upon request | ||||||
13 | a brochure to customers that explains the Entertainment | ||||||
14 | Software Ratings Board ratings system. | ||||||
15 | (b) A retailer who fails to comply with this Section shall | ||||||
16 | receive the punishment described in subsection (b) of Section | ||||||
17 | 12B-25.
| ||||||
18 | Section 98. Severability. If any provision of this Act or | ||||||
19 | the application thereof to any person or circumstance is held | ||||||
20 | invalid, the remainder of this Act and the application of such | ||||||
21 | provision to other persons or circumstances shall not be | ||||||
22 | affected thereby.
| ||||||
23 | Section 99. Effective Date. This Act takes effect upon | ||||||
24 | becoming law.".
|