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Federal Legislation
H.R. 231
Title: Video Game Health Labeling Act of 2009
Sponsor: Rep. Joe Baca (CA-43)
Latest Major Action: Introduced in January, 2009
Source: http://www.house.gov/apps/list/press/ca43_baca/videogame_health_010709.html
H.R. 5990
Title: To require ratings label on video games and to prohibit the sales and rentals of adult-rated video games to minors
Sponsor: Rep. Jim Matheson (UT-2) (introduced 5/7/2008) Cosponsors (6)
Latest Major Action: 5/8/2008 Referred to House subcommittee. Status: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Source: http://thomas.loc.gov
State Video Game Legislation
Pennsylvania
PA 01-54 - 2001
Required the consumer protection commissioner to fine business owners who allowed minors to play video games with “violent point and shoot" video games. The act applied to owners of for-profit businesses providing these games for entertainment. A violation was punishable with a fine of up to $1,000.
Vetoed May, 2001
HR 909
Calls for the creation of a task force to study the violent effects of video games.
October 2006 - Passed
California
Assembly Bills 1792 & 1793
AB 1792 classifies violent video games as "harmful matter", and banns the sale of these video games to minors. AB 1793 requires signs explaining the ESRB rating system and that M-rated games be kept separate from those games intended for children.
October 2005 - Passed
December 2005 - Northern District of California Judge Ronald Whyte issued a preliminary injunction blocking the law from taking effect.
August 2007 – Ruled unconstitutional
Assembly Bill 1179
2005 - AB 1179 the Legislature passed and Governor Arnold Schwarzenegger (R-Los Angeles) signed the law to prevent the sale and rental of violent video games that depict serious injury to human beings in a manner that is especially heinous, atrocious, or cruel, by persons who are under 18 years of age. Retailers who violated the act would be liable in an amount up to $1,000 for each violation.
2007 - Declared unconstitutional by a federal judge who concluded that the legislation violates the First Amendment.
February 2009 - The U.S. Ninth Circuit Court of Appeals upheld the decision that "the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State’s expressed interest.”
May 2009 - The State of California petitioned the Supreme Court of the United States for a review (writ of certiorari) regarding the decision by the U.S. Ninth Circuit Court of Appeals that struck down the law.
Georgia
SB 106
Requires retailers who sell or rent video games to display a sign explaining the ESRB rating system.
May 2005 - Bill passed and signed into law
Illinois
HB4023, Safe Games Illinois Act
Limits the sale or rental of any violent or sexually explicit computer or video game to minors. Those doing so commit a Class A misdemeanor for which a fine of $ 5,000 may be imposed.
July 2005 - Passed
December 2005 - U. S. District Judge Matthew Kennelly issued injunction against measure, as it is protected under First Amendment.
Governor Blagojevich ordered an appeal on portions of the law dealing with sexually explicit material.
November 2006- The 7th U. S. Circuit Court of Appeals upheld lower court decision that the law is unconstitutional and too broad.
Ruled unconstitutional by the Seventh Circuit Court of Appeals.
Louisiana
HB 1381
Allows a judge to rule on whether a video game meets established criteria for being inappropriate for minors and have them pulled from store shelves.
Took effect in June 2006
August 2006 - Judge James Brady issued a temporary injunction
November 2006 - Judge James Brady officially ruled law unconstitutional
SB 340
Makes it unlawful to distribute sexually explicit video games to minors.
Passed into law, taking effect in August, 2006.
Maryland
HB 707
A person or business cannot display or exhibit video games containing sexually explicit content to minors.
Passed; Took effect in October 1, 2006.
Michigan
SB 249 & 416 HB 4702 & 4703
Prohibits the sale or rental of video games rated Adult or Mature to anyone under age 17. A person who violates this is guilty of a misdemeanor punishable by imprisonment of up to 1 year and/or a fine of up to $5,000.
Took effect in 2005.
April 2006 - Federal Judge George Caram Steeh ruled the act unconstitutional.
Minnesota
SF 0785 and HF 1298
Restricts sales or rentals of M- or AO-rated video games to minors. Minors caught trying to purchase or rent these games would be fined $ 25
June 2006 - Took effect
July 2006 - A judge ruled the law unconstitutional, citing that there is a lack of evidence showing video game violence is harmful to children.
February 2007 - Arguments heard in an appeal filed by the State
March 2008 – Law ruled unconstitutional
New York
Governor Signs Bill That Protects Children From Violent Video Games
Governor David A. Paterson signed a bill that ensures the State will explore the negative effects of violent video games.
“We have the obligation to be constantly vigilant about amending our laws to protect the residents of New York State,” said Governor Paterson. “The first duty of government is to provide a safe society for our resident to live, work and raise their families. These new laws will enhance the protections afforded to the citizens of this state and will address gaps in protection that have existed for years. I applaud the Legislature for working with me and my staff to reach agreements on fixing these problems.”
Bill A.11717 / S.6401-A establishes an advisory council to conduct a study on the connection between interactive media and real-life violence in minors exposed to such media. This bill will also require new video game consoles to have parental lockout features by 2010, and mandate that games sold at retail disclose the ratings obtained from the gaming industry's voluntary rating system.
Oklahoma
HB 3004
Limits the sale of violent games to minors and requires stores to keep these games out of plain sight.
Took effect in November 1, 2006
October 2006 - A judge issued a preliminary injunction to block the law from taking effect
September 2007 – Judge issued permanent injunction based on the 1st and 14th Amendments; ruled unconstitutional
Pennsylvania
HR909
Establishes task force to study violence in the media.
Passed October 2005
Washington
HB 1009
Bans the sale to minors of video games that portray realistic violence towards law enforcement officers.
2003 - Passed and was signed into law by Governor Gregoire
July 2004 - Judge issued an injunction against the law and ruled it unconstitutional
HB 1366
Requires video game retailers to post signs in order to inform customers about the ESRB rating system, as well as to provide this information to consumers upon request.
2005 - Passed and signed into law
Indianapolis, Indiana
City Ordinance
Restricts minor's access to violent video arcade games; requires coin-operated games featuring graphic violence or strong sexual content to have warning labels and be kept at least 10 feet from any nonviolent arcade games.
2001- 7th U. S. Circuit Court of Appeals issued an injunction against the ordinance
Ruled unconstitutional, citing that it "curtails freedom of expression."
St. Louis, Missouri
City Ordinance #20193
Restricts the sale or rental of violent video games to minors; do do so requires parental consent.
2001 - Ordinance passed and upheld originally in the District Court, but the Eighth Circuit Court of Appeals ruled it unconstitutional.
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