Full Text of HB4023 94th General Assembly
HB4023 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4023
Introduced 2/28/2005, by Rep. Linda Chapa LaVia - Paul D. Froehlich - Monique D. Davis SYNOPSIS AS INTRODUCED: |
|
720 ILCS 5/Art. 12A heading new |
|
720 ILCS 5/12A-1 new |
|
720 ILCS 5/12A-5 new |
|
720 ILCS 5/12A-10 new |
|
720 ILCS 5/12A-15 new |
|
720 ILCS 5/12A-20 new |
|
720 ILCS 5/12A-25 new |
|
720 ILCS 5/Art. 12B heading new |
|
720 ILCS 5/12B-1 new |
|
720 ILCS 5/12B-5 new |
|
720 ILCS 5/12B-10 new |
|
720 ILCS 5/12B-15 new |
|
720 ILCS 5/12B-20 new |
|
720 ILCS 5/12B-25 new |
|
720 ILCS 5/12B-30 new |
|
720 ILCS 5/12B-35 new |
|
|
Amends the Criminal Code of 1961. Creates the Violent Video Games Law. Provides that a person who sells, rents, or permits to be sold or rented, any violent video game to any minor, commits a Class A misdemeanor for which a fine of $5,000 may be imposed. Provides that a family member's purchase of a violent video game for another family member who is a minor does not constitute a violation of this provision. Establishes labeling requirements for violent video games. Creates the Sexually Explicit Video Games Law. Provides that a person who sells, rents, or permits to be sold or rented, any sexually explicit video game to any minor, commits a Class A misdemeanor for which a fine of $5,000 may be imposed. Provides that a family member's purchase of a sexually explicit video game for another family member who is a minor does not constitute a violation of this provision. Establishes labeling requirements for sexually explicit video games. Provides that these laws are severable. Effective January 1, 2006.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4023 |
|
LRB094 11300 RLC 42106 b |
|
| 1 |
| AN ACT concerning video games.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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. | 23 |
| (c) Minors are capable of purchasing and do purchase | 24 |
| violent video games. | 25 |
| (d) The State has a compelling interest in preventing | 26 |
| violent, aggressive, and asocial behavior. | 27 |
| (e) The State has a compelling interest in preventing | 28 |
| psychological harm to minors who play violent video games. | 29 |
| (f) The State has a compelling interest in eliminating any | 30 |
| societal factors that may inhibit the physiological and |
|
|
|
HB4023 |
- 2 - |
LRB094 11300 RLC 42106 b |
|
| 1 |
| neurological development of its youth. | 2 |
| (g) The State has a compelling interest in facilitating the | 3 |
| maturation of Illinois' children into well-meaning, productive | 4 |
| adults.
| 5 |
| (720 ILCS 5/12A-10 new)
| 6 |
| Sec. 12A-10. Definitions. For the purposes of this Article, | 7 |
| the following terms have the following meanings:
| 8 |
| (a) "Video game retailer" means a person who sells or rents | 9 |
| video games to the public.
| 10 |
| (b) "Video game" means an object or device that stores | 11 |
| recorded data or instructions, receives data or instructions | 12 |
| generated by a person who uses it, and, by processing the data | 13 |
| or instructions, creates an interactive game capable of being | 14 |
| played, viewed, or experienced on or through a computer, gaming | 15 |
| system, console, or other technology. | 16 |
| (c) "Minor" means a person under 18 years of age. | 17 |
| (d) "Person" includes but is not limited to an individual, | 18 |
| corporation, partnership, and association.
| 19 |
| (e) "Violent" video games include realistic depictions of | 20 |
| human-on-human violence in which the player kills, seriously | 21 |
| injures, or otherwise causes serious physical harm to another | 22 |
| human, including but not limited to depictions of death, | 23 |
| dismemberment, amputation, decapitation, maiming, | 24 |
| disfigurement, mutilation of body parts, or rape.
| 25 |
| (720 ILCS 5/12A-15 new)
| 26 |
| Sec. 12A-15. Restricted sale or rental of violent video | 27 |
| games. A person who sells, rents, or permits to be sold or | 28 |
| rented, any violent video game to any minor, commits a Class A | 29 |
| misdemeanor for which a fine of $5,000 may be imposed. | 30 |
| (720 ILCS 5/12A-20 new)
| 31 |
| Sec. 12A-20. Family purchase exemption. | 32 |
| (a) A family member's purchase of a violent video game for | 33 |
| another family member who is a minor does not constitute a |
|
|
|
HB4023 |
- 3 - |
LRB094 11300 RLC 42106 b |
|
| 1 |
| violation of this Article. | 2 |
| (b) For the purpose of this Section, "family member" | 3 |
| includes a parent, sibling, grandparent, aunt, uncle, and first | 4 |
| cousin. | 5 |
| (720 ILCS 5/12A-25 new)
| 6 |
| Sec. 12A-25. Labeling of violent video games. | 7 |
| (a) Video game retailers shall label all violent video | 8 |
| games as defined in this Article, with a solid white "18" | 9 |
| outlined in black. The "18" shall have dimensions of no less | 10 |
| than 2 inches by 2 inches. The "18" shall be displayed on the | 11 |
| front face of the video game package. | 12 |
| (b) A retailer's failure to comply with this Section is a | 13 |
| petty offense punishable by a fine of $1,000 for the first 3 | 14 |
| violations, and a business offense punishable by a fine of | 15 |
| $5,000 for every subsequent violation.
| 16 |
| (720 ILCS 5/Art. 12B heading new)
| 17 |
| ARTICLE 12B. SEXUALLY EXPLICIT VIDEO GAMES | 18 |
| (720 ILCS 5/12B-1 new)
| 19 |
| Sec. 12B-1. Short title. This Article may be cited as the | 20 |
| Sexually Explicit Video Games Law.
| 21 |
| (720 ILCS 5/12B-5 new)
| 22 |
| Sec. 12B-5. Findings. The General Assembly finds sexually | 23 |
| explicit video games inappropriate for minors.
| 24 |
| (720 ILCS 5/12B-10 new)
| 25 |
| Sec. 12B-10. Definitions. For the purposes of this Article, | 26 |
| the following terms have the following meanings:
| 27 |
| (a) "Video game retailer" means a person who sells or rents | 28 |
| video games to the public.
| 29 |
| (b) "Video game" means an object or device that stores | 30 |
| recorded data or instructions, receives data or instructions | 31 |
| generated by a person who uses it, and, by processing the data |
|
|
|
HB4023 |
- 4 - |
LRB094 11300 RLC 42106 b |
|
| 1 |
| or instructions, creates an interactive game capable of being | 2 |
| played, viewed, or experienced on or through a computer, gaming | 3 |
| system, console, or other technology.
| 4 |
| (c) "Minor" means a person under 18 years of age.
| 5 |
| (d) "Person" includes but is not limited to an individual, | 6 |
| corporation, partnership, and association.
| 7 |
| (e) "Sexually explicit" video games include those that the | 8 |
| average person, applying contemporary community standards | 9 |
| would find, with respect to minors, is designed to appeal or | 10 |
| pander to the prurient interest and depicts or represents in a | 11 |
| manner patently offensive with respect to minors, an actual or | 12 |
| simulated sexual act or sexual contact, an actual or simulated | 13 |
| normal or perverted sexual act or a lewd exhibition of the | 14 |
| genitals or post-pubescent female breast.
| 15 |
| (720 ILCS 5/12B-15 new)
| 16 |
| Sec. 12B-15. Restricted sale or rental of sexually explicit | 17 |
| video games. A person who sells, rents, or permits to be sold | 18 |
| or rented, any sexually explicit video game to any minor, | 19 |
| commits a Class A misdemeanor for which a fine of $5,000 may be | 20 |
| imposed. | 21 |
| (720 ILCS 5/12B-20 new)
| 22 |
| Sec. 12B-20. Family purchase exemption. | 23 |
| (a) A family member's purchase of a sexually explicit video | 24 |
| game for another family member who is a minor does not | 25 |
| constitute a violation of this Article. | 26 |
| (b) "Family member" for the purpose of this Section, | 27 |
| includes a parent, sibling, grandparent, aunt, uncle, and first | 28 |
| cousin.
| 29 |
| (720 ILCS 5/12B-25 new)
| 30 |
| Sec. 12B-25. Labeling of sexually explicit video games. | 31 |
| (a) Video game retailers shall label all sexually explicit | 32 |
| video games as defined in this Act, with a solid white "18" | 33 |
| outlined in black. The "18" shall have dimensions of no less |
|
|
|
HB4023 |
- 5 - |
LRB094 11300 RLC 42106 b |
|
| 1 |
| than 2 inches by 2 inches. The "18" shall be displayed on the | 2 |
| front face of the video game package. | 3 |
| (b) A retailer who fails to comply with this Section is | 4 |
| guilty of a petty offense punishable by a fine of $1,000 for | 5 |
| the first 3 violations, and a business offense punishable by a | 6 |
| $5,000 fine for every subsequent violation.
| 7 |
| (720 ILCS 5/12B-30 new)
| 8 |
| Sec. 12B-30. Posting notification of video games rating | 9 |
| system.
| 10 |
| (a) A retailer who sells or rents video games shall post a | 11 |
| sign that notifies customers that a video game rating system, | 12 |
| created by the Entertainment Software Ratings Board, is | 13 |
| available to aid in the selection of a game. The sign shall be | 14 |
| prominently posted in, or within 5 feet of, the area in which | 15 |
| games are displayed for sale or rental, at the information desk | 16 |
| if one exists, and at the point of purchase. | 17 |
| (b) The lettering of each sign shall be printed, at a | 18 |
| minimum, in 36-point type and shall be in black ink against a | 19 |
| light colored background, with dimensions of no less than 18 by | 20 |
| 24 inches. | 21 |
| (c) A retailer's failure to comply with this Section is a | 22 |
| petty offense punishable by a fine of $1,000 for the first 3 | 23 |
| violations, and a business offense punishable by a $5,000 fine | 24 |
| for every subsequent violation.
| 25 |
| (720 ILCS 5/12B-35 new)
| 26 |
| Sec. 12B-35. Availability of brochure describing rating | 27 |
| system.
| 28 |
| (a) A video game retailer shall make available upon request | 29 |
| a brochure to customers that explains the Entertainment | 30 |
| Software Ratings Board ratings system. | 31 |
| (b) A retailer who fails to comply with this Section shall | 32 |
| receive the punishment described in subsection (b) of Section | 33 |
| 12B-25.
|
|
|
|
HB4023 |
- 6 - |
LRB094 11300 RLC 42106 b |
|
| 1 |
| Section 98. Severability. If any provision of this Act or | 2 |
| the application thereof to any person or circumstance is held | 3 |
| invalid, the remainder of this Act and the application of such | 4 |
| provision to other persons or circumstances shall not be | 5 |
| affected thereby.
| 6 |
| Section 99. Effective Date. This Act takes effect January | 7 |
| 1, 2006.
|
|