Illinois General Assembly

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 Bill Status of HB4023  94th General Assembly


Short Description:  VIDEO GAMES-VIOLENT AND SEX

House Sponsors
Rep. Linda Chapa LaVia - John A. Fritchey - Paul D. Froehlich - Monique D. Davis - Charles E. Jefferson, Patricia Bailey, Donald L. Moffitt, Jay C. Hoffman, Cynthia Soto, Michael K. Smith, Jack D. Franks, Patrick J Verschoore, Jack McGuire, Mike Boland, Thomas Holbrook, Karen May, Kurt M. Granberg, John D'Amico, Shane Cultra, Michael Tryon, Susana A Mendoza, Roger L. Eddy, Kenneth Dunkin, William Davis, Milton Patterson, Joseph M. Lyons, Karen A. Yarbrough, Robin Kelly, George Scully, Jr., Elizabeth Coulson, Eddie Washington, Constance A. Howard, Dan Reitz, Brandon W. Phelps, Lisa M. Dugan, Richard T. Bradley and David E. Miller

Senate Sponsors
(Sen. Deanna Demuzio - Kwame Raoul - Jacqueline Y. Collins - Wendell E. Jones - Kathleen L. Wojcik, Dale A. Righter, Jeffrey M. Schoenberg, Martin A. Sandoval and Mattie Hunter)

Last Action
DateChamber Action
  7/25/2005HousePublic Act . . . . . . . . . 94-0315

Statutes Amended In Order of Appearance
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


Synopsis As Introduced
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.

House Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill with these changes: (1) provides that a person who sells, rents, or permits to be sold or rented any violent or sexually explicit video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed; (2) provides that a person may not sell or rent, or permit to be sold or rented, any violent or sexually explicit video game through a self-scanning checkout mechanism. Provides that a person who violates these provisions commits a Class A misdemeanor for which a fine of $5,000 may be imposed; and (3) provides that it is an affirmative defense to a violation of selling or renting violent or sexually explicit video games to minors that the defendant was a family member of the minor for whom the game was purchased or that the minor who purchased the game exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believe to be authentic. Effective immediately.

House Committee Amendment No. 2
Adds reference to:
720 ILCS 5/11-21from Ch. 38, par. 11-21

Further amends the Criminal Code of 1961. Deletes provisions concerning the distribution and exhibition of harmful material to minors and replaces it with the following provisions: (i) provides that a person is guilty of distributing harmful material to a minor when he or she knowingly sells, lends, distributes, or gives away certain material knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age, or he or she admits a minor to premises where there is exhibited or to be exhibited such harmful material, (ii) provides that distribution of harmful material to a minor is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense, and (iii) establishes several affirmative defenses. Makes other changes.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with these changes: (1) changes various penalties for violations of the amendatory provisions and (2) changes the effective date of the bill to January 1, 2006.

Senate Floor Amendment No. 2
Deletes everything after the enacting clause. Reinserts the provisions of the bill as amended with these changes: (1) changes various penalties for violations of the amendatory provisions from a business offense with a $1,001 fine to a petty offense with a $1,000 fine and (2) provides an affirmative defense for the video game retailer if the retail sales clerk had complete knowledge that the party to whom he or she sold or rented the game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.

Senate Floor Amendment No. 3
Provides that it is an affirmative defense to selling or renting a sexually explicit or violent video game to a minor that the video game sold or rented was pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.

Actions 
DateChamber Action
  2/28/2005HouseFiled with the Clerk by Rep. Linda Chapa LaVia
  2/28/2005HouseChief Co-Sponsor Rep. Paul D. Froehlich
  2/28/2005HouseChief Co-Sponsor Rep. Monique D. Davis
  2/28/2005HouseFirst Reading
  2/28/2005HouseReferred to Rules Committee
  2/28/2005HouseChief Co-Sponsor Changed to Rep. Paul D. Froehlich
  2/28/2005HouseChief Co-Sponsor Changed to Rep. Monique D. Davis
  3/1/2005HouseAssigned to Executive Committee
  3/1/2005HouseAdded Chief Co-Sponsor Rep. Charles E. Jefferson
  3/1/2005HouseAdded Co-Sponsor Rep. Patricia Bailey
  3/1/2005HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  3/1/2005HouseAdded Co-Sponsor Rep. Jay C. Hoffman
  3/1/2005HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/1/2005HouseChief Co-Sponsor Changed to Rep. Charles E. Jefferson
  3/2/2005HouseAdded Co-Sponsor Rep. Michael K. Smith
  3/2/2005HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/2/2005HouseAdded Co-Sponsor Rep. Patrick J Verschoore
  3/2/2005HouseAdded Co-Sponsor Rep. Jack McGuire
  3/2/2005HouseAdded Co-Sponsor Rep. Mike Boland
  3/2/2005HouseAdded Co-Sponsor Rep. Thomas Holbrook
  3/2/2005HouseAdded Co-Sponsor Rep. Karen May
  3/2/2005HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  3/2/2005HouseAdded Co-Sponsor Rep. John D'Amico
  3/2/2005HouseAdded Co-Sponsor Rep. Shane Cultra
  3/2/2005HouseAdded Co-Sponsor Rep. Michael Tryon
  3/2/2005HouseAdded Co-Sponsor Rep. Susana A Mendoza
  3/3/2005HouseRe-assigned to Judiciary I - Civil Law Committee
  3/3/2005HouseAdded Chief Co-Sponsor Rep. Daniel J. Burke
  3/9/2005HouseAdded Co-Sponsor Rep. Roger L. Eddy
  3/9/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/9/2005HouseHouse Committee Amendment No. 2 Filed with Clerk by Judiciary I - Civil Law Committee
  3/9/2005HouseAdded Co-Sponsor Rep. John A. Fritchey
  3/9/2005HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/9/2005HouseHouse Committee Amendment No. 2 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/9/2005HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  3/10/2005HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2005HouseRemove Chief Co-Sponsor Rep. Daniel J. Burke
  3/10/2005HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/10/2005HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  3/10/2005HouseRemoved Co-Sponsor Rep. John A. Fritchey
  3/10/2005HouseChief Co-Sponsor Changed to Rep. John A. Fritchey
  3/15/2005HouseSecond Reading - Short Debate
  3/15/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/15/2005HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  3/15/2005HouseAdded Co-Sponsor Rep. William Davis
  3/15/2005HouseAdded Co-Sponsor Rep. Milton Patterson
  3/15/2005HouseAdded Co-Sponsor Rep. Joseph M. Lyons
  3/15/2005HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/15/2005HouseAdded Co-Sponsor Rep. Robin Kelly
  3/15/2005HouseAdded Co-Sponsor Rep. George Scully, Jr.
  3/15/2005HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  3/16/2005HouseRemoved Co-Sponsor Rep. Daniel J. Burke
  3/16/2005HouseCo-Sponsor Rep. Eddie Washington
  3/16/2005HouseCo-Sponsor Rep. Constance A. Howard
  3/16/2005HouseCo-Sponsor Rep. Dan Reitz
  3/16/2005HouseCo-Sponsor Rep. Brandon W. Phelps
  3/16/2005HouseCo-Sponsor Rep. Lisa M. Dugan
  3/16/2005HouseCo-Sponsor Rep. Richard T. Bradley
  3/16/2005HouseRemoved from Short Debate Status Rep. Linda Chapa LaVia
  3/16/2005HouseCalendar Order of 3rd Reading - Standard Debate
  3/16/2005HouseThird Reading - Standard Debate - Passed 091-019-006
  3/16/2005HouseAdded Co-Sponsor Rep. David E. Miller
  3/17/2005SenateArrive in Senate
  3/17/2005SenatePlaced on Calendar Order of First Reading
  3/17/2005SenateChief Senate Sponsor Sen. Deanna Demuzio
  3/17/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  3/17/2005SenateFirst Reading
  3/17/2005SenateReferred to Rules
  4/6/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/13/2005SenateAssigned to Housing & Community Affairs
  4/20/2005SenateHeld in Housing & Community Affairs
  5/3/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Deanna Demuzio
  5/3/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  5/3/2005SenateSenate Committee Amendment No. 1 Rules Refers to Housing & Community Affairs
  5/3/2005SenateSenate Committee Amendment No. 1 Adopted
  5/4/2005SenateDo Pass as Amended Housing & Community Affairs; 006-002-002
  5/4/2005SenatePlaced on Calendar Order of 2nd Reading May 5, 2005
  5/10/2005SenateSecond Reading
  5/10/2005SenatePlaced on Calendar Order of 3rd Reading May 11, 2005
  5/12/2005SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Deanna Demuzio
  5/12/2005SenateSenate Floor Amendment No. 2 Referred to Rules
  5/13/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Deanna Demuzio
  5/13/2005SenateSenate Floor Amendment No. 3 Referred to Rules
  5/16/2005SenateSenate Floor Amendment No. 2 Rules Refers to Housing & Community Affairs
  5/16/2005SenateSenate Floor Amendment No. 3 Rules Refers to Housing & Community Affairs
  5/17/2005SenateSenate Floor Amendment No. 2 Recommend Do Adopt Housing & Community Affairs; 008-001-000
  5/17/2005SenateSenate Floor Amendment No. 3 Recommend Do Adopt Housing & Community Affairs; 009-000-000
  5/18/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Wendell E. Jones
  5/18/2005SenateAdded as Alternate Chief Co-Sponsor Sen. Kathleen L. Wojcik
  5/19/2005SenateAdded as Alternate Co-Sponsor Sen. Dale A. Righter
  5/19/2005SenateAdded as Alternate Co-Sponsor Sen. Jeffrey M. Schoenberg
  5/19/2005SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/19/2005SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/19/2005SenateRecalled to Second Reading
  5/19/2005SenateSenate Floor Amendment No. 2 Adopted; Demuzio
  5/19/2005SenateSenate Floor Amendment No. 3 Adopted; Demuzio
  5/19/2005SenatePlaced on Calendar Order of 3rd Reading
  5/19/2005SenateThird Reading - Passed; 052-005-001
  5/19/2005HouseArrived in House
  5/19/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2,3
  5/20/2005HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Linda Chapa LaVia
  5/20/2005HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Linda Chapa LaVia
  5/20/2005HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Linda Chapa LaVia
  5/20/2005HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/20/2005HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/20/2005HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/23/2005HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Judiciary I - Civil Law Committee
  5/23/2005HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Judiciary I - Civil Law Committee
  5/23/2005HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Judiciary I - Civil Law Committee
  5/24/2005HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 012-001-000
  5/24/2005HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 012-001-000
  5/25/2005HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary I - Civil Law Committee; 013-000-000
  5/28/2005HouseSenate Committee Amendment No. 1 House Concurs 106-006-001
  5/28/2005HouseSenate Floor Amendment No. 2 House Concurs 106-006-001
  5/28/2005HouseSenate Floor Amendment No. 3 House Concurs 106-006-001
  5/28/2005HousePassed Both Houses
  6/7/2005HouseSent to the Governor
  7/25/2005HouseGovernor Approved
  7/25/2005HouseEffective Date January 1, 2006
  7/25/2005HousePublic Act . . . . . . . . . 94-0315

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