Bill Text: IL HB3531 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Violent Video Games Law in the Criminal Code of 2012. Changes provisions that restricts the sale or rental of violent video games to minors to prohibit the sale of all violent video games. Modifies the definition of "violent video game" to mean a video game that allows a user or player to control a character within the video game that is encouraged to perpetuate human-on-human violence in which the player kills or otherwise causes serious physical or psychological harm to another human or an animal. Modifies the definition of "serious physical harm" to include psychological harm and child abuse, sexual abuse, animal abuse, domestic violence, violence against women, or motor vehicle theft with a driver or passenger present inside the vehicle when the theft begins. Makes conforming changes, including repealing a Section concerning the labeling of violent video games by video game retailers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-02-22 - Referred to Rules Committee [HB3531 Detail]

Download: Illinois-2021-HB3531-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3531

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:
720 ILCS 5/12A-10
720 ILCS 5/12A-15
720 ILCS 5/12A-20
720 ILCS 5/12A-25 rep.

Amends the Violent Video Games Law in the Criminal Code of 2012. Changes provisions that restricts the sale or rental of violent video games to minors to prohibit the sale of all violent video games. Modifies the definition of "violent video game" to mean a video game that allows a user or player to control a character within the video game that is encouraged to perpetuate human-on-human violence in which the player kills or otherwise causes serious physical or psychological harm to another human or an animal. Modifies the definition of "serious physical harm" to include psychological harm and child abuse, sexual abuse, animal abuse, domestic violence, violence against women, or motor vehicle theft with a driver or passenger present inside the vehicle when the theft begins. Makes conforming changes, including repealing a Section concerning the labeling of violent video games by video game retailers.
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A BILL FOR

HB3531LRB102 16979 KMF 22397 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5changing Sections 12A-10, 12A-15, and 12A-20 as follows:
6 (720 ILCS 5/12A-10)
7 Sec. 12A-10. Definitions. For the purposes of this
8Article, the following terms have the following meanings:
9 (a) "Video game retailer" means a person who sells or
10rents video games to the public.
11 (b) "Video game" means an object or device that stores
12recorded data or instructions, receives data or instructions
13generated by a person who uses it, and, by processing the data
14or instructions, creates an interactive game capable of being
15played, viewed, or experienced on or through a computer,
16gaming system, console, or other technology.
17 (c) (Blank). "Minor" means a person under 18 years of age.
18 (d) "Person" includes but is not limited to an individual,
19corporation, partnership, and association.
20 (e) "Violent video game" means a video game that allows a
21user or player to control a character within the video game
22that is encouraged to perpetuate "Violent" video games include
23depictions of or simulations of human-on-human violence in

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1which the character player kills or otherwise causes serious
2physical or psychological harm to another human or an animal.
3 (f) "Serious physical or psychological harm" includes
4depictions of death, dismemberment, amputation, decapitation,
5maiming, disfigurement, mutilation of body parts, child abuse,
6sexual abuse, animal abuse, domestic violence, violence
7against women, or rape, or motor vehicle theft with a driver or
8passenger present inside the vehicle when the theft begins.
9(Source: P.A. 94-315, eff. 1-1-06.)
10 (720 ILCS 5/12A-15)
11 Sec. 12A-15. Prohibited Restricted sale or rental of
12violent video games.
13 (a) A person who sells, rents, or permits to be sold or
14rented, any violent video game to any minor, commits a petty
15offense for which a fine of $1,000 may be imposed.
16 (b) (Blank). A person who sells, rents, or permits to be
17sold or rented any violent video game via electronic scanner
18must program the electronic scanner to prompt sales clerks to
19check identification before the sale or rental transaction is
20completed. A person who violates this subsection (b) commits a
21petty offense for which a fine of $1,000 may be imposed.
22 (c) (Blank). A person may not sell or rent, or permit to be
23sold or rented, any violent video game through a self-scanning
24checkout mechanism. A person who violates this subsection (c)
25commits a petty offense for which a fine of $1,000 may be

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1imposed.
2 (d) A retail sales clerk shall not be found in violation of
3this Section unless he or she has complete knowledge that the
4video game was party to whom he or she sold or rented a violent
5video game as defined in this Law was a minor and the clerk
6sold or rented the video game to the minor with the specific
7intent to do so.
8(Source: P.A. 94-315, eff. 1-1-06.)
9 (720 ILCS 5/12A-20)
10 Sec. 12A-20. Affirmative defenses. In any prosecution
11arising under this Article, it is an affirmative defense:
12 (1) (blank); that the defendant was a family member of
13 the minor for whom the video game was purchased. "Family
14 member" for the purpose of this Section, includes a
15 parent, sibling, grandparent, aunt, uncle, or first
16 cousin;
17 (2) (blank); that the minor who purchased the video
18 game exhibited a draft card, driver's license, birth
19 certificate or other official or apparently official
20 document purporting to establish that the minor was 18
21 years of age or older, which the defendant reasonably
22 relied on and reasonably believed to be authentic;
23 (3) for the video game retailer, if the retail sales
24 clerk had complete knowledge that the video game was party
25 to whom he or she sold or rented a violent video game as

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1 defined in this Law was a minor and the clerk sold or
2 rented the video game to the minor with the specific
3 intent to do so; or
4 (4) that the video game sold or rented was
5 pre-packaged and rated EC, E10+, E, or T by the
6 Entertainment Software Ratings Board.
7(Source: P.A. 94-315, eff. 1-1-06.)
8 (720 ILCS 5/12A-25 rep.)
9 Section 10. The Criminal Code of 2012 is amended by
10repealing Section 12A-25.
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