Bill Text: NY A03766 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the sale to minors of any video game that has a mature or violent rating.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 0000-00-00 - [A03766 Detail]

Download: New_York-2015-A03766-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3766
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Consumer Affairs and Protection
       AN  ACT  to  amend  the general business law, in relation to prohibiting
         sale of certain video games to minors
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-t to read as follows:
    3    S  391-T.  SALE  OF  CERTAIN  VIDEO  GAMES TO MINORS PROHIBITED. 1. NO
    4  PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR RENT OR OFFER  TO  SELL
    5  OR  RENT  TO  ANY  PERSON UNDER THE AGE OF EIGHTEEN YEARS ANY VIDEO GAME
    6  THAT HAS A MATURE OR VIOLENT RATING. SUCH VIDEOS MAY CONTAIN, BUT  SHALL
    7  NOT  BE LIMITED TO, DEPICTIONS DESCRIPTIVE OF, ADVOCATING OR GLAMORIZING
    8  COMMISSION OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST,  BESTIALI-
    9  TY,  SADOMASOCHISM, ANY FORM OF SEXUAL ACTIVITY IN A VIOLENT CONTEXT, OR
   10  ADVOCATING OR ENCOURAGING MURDER, VIOLENT  RACISM,  RELIGIOUS  VIOLENCE,
   11  MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCOHOL.
   12    2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
   13  OR  RENTAL  OF  VIDEO  GAMES  SHALL  STORE  AND DISPLAY SUCH VIDEO GAMES
   14  CONTAINING CONTENTS LISTED IN SUBDIVISION  ONE  OF  THIS  SECTION  IN  A
   15  LOCATION  DESIGNATED  FOR  PERSONS OVER THE AGE OF EIGHTEEN, IN A MANNER
   16  WHICH RESTRICTS ACCESS TO SUCH VIDEO GAMES.
   17    3. SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS  LISTED
   18  IN  SUBDIVISION ONE OF THIS SECTION, SHALL BE MADE ONLY TO AN INDIVIDUAL
   19  WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S LICENSE  OR  NON-DRIVER'S
   20  IDENTIFICATION  AND  ISSUED  BY  THE COMMISSIONER OF MOTOR VEHICLES, THE
   21  FEDERAL  GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH   OR
   22  POSSESSION,  THE  DISTRICT  OF  COLUMBIA,  A STATE GOVERNMENT WITHIN THE
   23  UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF  CANADA;  OR
   24  (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
   25  COUNTRY;  OR  (C)  AN  IDENTIFICATION  CARD ISSUED BY THE UNITED STATES,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05322-01-5
       A. 3766                             2
    1  INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF  AGE.  SUCH
    2  IDENTIFICATION  NEED  NOT  BE  REQUIRED OF ANY INDIVIDUAL WHO REASONABLY
    3  APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
    4  APPEARANCE  SHALL  NOT  CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING
    5  SALE OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN  YEARS
    6  OF AGE.
    7    4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
    8  TIVE  DEFENSE  THAT  A  PERSON  PURCHASING  OR  RENTING OR ATTEMPTING TO
    9  PURCHASE OR RENT ANY VIDEO GAME DESCRIBED IN  SUBDIVISION  ONE  OF  THIS
   10  SECTION  PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION CARD
   11  APPARENTLY ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION  PURSU-
   12  ANT  TO  SUBDIVISION  THREE  OF THIS SECTION, SUCCESSFULLY COMPLETED THE
   13  TRANSACTION, AND THAT THE VIDEO GAME SOLD OR RENTED TO SUCH  PERSON  WAS
   14  REASONABLE  RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN EVALU-
   15  ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL
   16  BE GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER  TO
   17  EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC-
   18  TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF
   19  BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY-
   20  EE  OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE.  NOTWITHSTANDING
   21  THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE  DEFENSE  SHALL
   22  NOT  BE  APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER
   23  FORUM.
   24    5. FOR THE PURPOSES OF THIS SECTION "RATING"  MEANS  THE  STANDARDIZED
   25  DESIGNATION  COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES REGARDING
   26  LISTENING AND VIEWING BY THEIR CHILDREN.
   27    S 2. Severability. If any clause, sentence, paragraph, subdivision  or
   28  part  of  this  act, or the application thereof to any person or circum-
   29  stance, shall be adjudged by any court of competent jurisdiction  to  be
   30  invalid  or  unconstitutional, such judgment shall not affect, impair or
   31  invalidate the remainder thereof, but shall be confined in its operation
   32  to the clause, sentence, paragraph, subdivision or part of this act,  or
   33  in  its  application to the person or circumstance, directly involved in
   34  the controversy in which such judgment shall have been rendered.
   35    S 3. This act shall take effect on the one hundred twentieth day after
   36  it shall have become a law.