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90_HB1163
720 ILCS 395/2 from Ch. 121 1/2, par. 1352
720 ILCS 395/3 from Ch. 121 1/2, par. 1353
720 ILCS 395/3.1 new
720 ILCS 395/3.2 new
720 ILCS 395/3.3 new
720 ILCS 395/4.1 new
Amends the Video Movie Sales and Rentals Act. Requires
persons who sell or rent video movies to: post a sign, for
every 500 square feet of floor space, concerning the harmful
effects of violent or sexual video cassettes; and shelve
NC-17 and X rated video movies and unrated video movies in a
concealed area on the premises. Prohibits the sale or rental
of X rated, NC-17, or Not Rated video movies to persons under
18 years of age. Requires businesses that sell or rent video
movies to use a computer scanning system or other method to
identify video movies that can not be sold or rented to
minors. Exempts public libraries and school libraries.
Makes other changes.
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1 AN ACT to amend the Video Movie Sales and Rentals Act by
2 changing Sections 2 and 3 and by adding Sections 3.1, 3.2,
3 3.3, and 4.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Video Movie Sales and Rentals Act is
7 amended by changing Sections 2 and 3 and by adding Sections
8 3.1, 3.2, 3.3, and 4.1 as follows:
9 (720 ILCS 395/2) (from Ch. 121 1/2, par. 1352)
10 Sec. 2. As used in this Act, unless the context
11 otherwise requires, the following terms have the meanings
12 ascribed to them in this Section:
13 (a) "Video movie" means a videotape or video disc copy
14 of a motion picture film or an entertainment video produced
15 for commercial distribution.
16 (b) "Person" means an individual, corporation,
17 partnership, or any other legal or commercial entity.
18 (c) "Official rating" means an official rating of the
19 Motion Picture Association of America.
20 (d) "Minor" means any person under the age of 18 years.
21 (e) "Knowingly" means being consciously aware, aware of
22 the substantial probability, or practically certain of:
23 (1) The character and content of any material
24 described in this Act that is reasonably susceptible of
25 examination by the defendant; and
26 (2) The age of the minor.
27 (Source: P.A. 84-593.)
28 (720 ILCS 395/3) (from Ch. 121 1/2, par. 1353)
29 Sec. 3. (a) A person may not sell at retail or rent, or
30 attempt to sell at retail or rent, a video movie in this
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1 State unless the official rating of the motion picture from
2 which it is copied is clearly displayed on the outside of the
3 any cassette itself, and on the case, jacket, or other
4 covering of the video movie cassette. If the motion picture
5 from which the video movie is copied has no official rating
6 or if the video movie has been altered so that its content
7 materially differs from the motion picture, the video movie
8 shall be clearly and prominently marked as "N.R." or "Not
9 Rated".
10 (b) Subsection (a) of this Section does not apply to any
11 video movie of a motion picture that which: (1) has not been
12 given an official rating, was produced and directed before
13 1969, and does not contain material which is obscene or that
14 contains graphically or sexually violent material that the
15 average person applying contemporary community standards
16 would judge to be characterized in whole or in part by
17 gratuitous violence that is either vividly depicted or arises
18 in a sexual context. Gratuitous violence that is either
19 vividly depicted or arises in a sexual context includes, but
20 is not limited to, mutilation, dismemberment, decapitation,
21 cannibalism, torture, graphic depiction of rape, sadism, and
22 strangulation. ; or
23 (2) Has been altered in any way subsequent to receiving
24 an official rating.
25 (Source: P.A. 84-593.)
26 (720 ILCS 395/3.1 new)
27 Sec. 3.1. Educational signs. A person who sells or
28 rents video movies shall post educational signs containing
29 the following words: "Public Service Message: Extensive
30 research finds violent or sexually degrading entertainment
31 may have harmful unconscious effects on children and adult
32 viewers.". The signs shall be in lettering of not less than
33 1/4 inch in height, and shall be posted in a conspicuous
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1 place where video movies are displayed. The signs shall be
2 not less than 45 square inches in area, and shall be printed
3 in black ink upon a yellow or white background. One sign
4 shall be posted for every 500 square feet of floor space
5 where video movies are displayed.
6 (720 ILCS 395/3.2 new)
7 Sec. 3.2. Rentals to minors.
8 (a) It is unlawful for any person to knowingly offer for
9 sale or rent any video movie marked "N.R." or "Not Rated" or
10 any "NC-17" rated or "X-rated" video movie to a minor.
11 (b) It is unlawful for any person to knowingly offer for
12 sale or rent any video movie marked "N.R." or "Not Rated" or
13 any "NC-17" rated or "X-rated" video movie unless the movie
14 is displayed in a separate area of the premises concealed
15 from general view and is available only to persons who are 18
16 years of age or older.
17 (c) This Section applies only to video movies that have
18 been given an official rating or that contain material that
19 is obscene, or that contain graphically or sexually violent
20 material that the average person applying contemporary
21 community standards would judge to be characterized in whole
22 or in part by gratuitous violence that is either vividly
23 depicted or arises in a sexual context. Gratuitous violence
24 that is either vividly depicted or arises in a sexual context
25 includes, but is not limited to, mutilation, dismemberment,
26 decapitation, cannibalism, torture, graphic depiction of
27 rape, sadism, and strangulation.
28 (d) The provisions of subsections (a) and (b) do not
29 apply to a minor when the minor is accompanied by a parent or
30 legal guardian.
31 (e) It is a defense to a violation of this Section that
32 the defendant made a reasonable bona fide attempt to
33 ascertain the true age of the minor.
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1 (720 ILCS 395/3.3 new)
2 Sec. 3.3. Identification of video movies. Each business
3 establishment that sells or rents video movies shall use a
4 computer scanning system or other method of identifying video
5 movies whose sale or rental to minors is prohibited by this
6 Act.
7 (720 ILCS 395/4.1 new)
8 Sec. 4.1. Libraries; exception. This Act does not apply
9 to the sale or rental of any video movie through public
10 libraries, public school libraries, or libraries of
11 accredited institutions of higher education.