Illinois General Assembly - Bill Status for HB4023

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.

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.

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.

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.

×