A02837 Summary:

BILL NO    A02837 

SAME AS    No same as

SPONSOR    Kolb (MS)

COSPNSR    Reilich, Ball, Errigo, Spano

MLTSPNSR   Bacalles, Barclay, Burling, Calhoun, Crouch, Giglio, Jordan, Oaks,
           Rabbitt, Townsend

Add S391-q, Gen Bus L

Prohibits the sale of video games containing sexually explicit or violent
depictions to minors such as those that glamorize the commission of a violent
crime, suicide, sodomy, rape, incest, bestiality, or sado-masochism; requires
affixing of warning labels on such video games; provides violations of such
provisions shall be a civil penalty and a violation as defined in the penal
law; directs sellers of such video games to restrict access to such recordings
by storage in a sealed and locked container behind a service counter or in an
area inaccessible by the general public; requires sellers to make copies of
certain video games available for examination.

A02837 Actions:

BILL NO    A02837 

01/21/2009 referred to consumer affairs and protection
01/06/2010 referred to consumer affairs and protection

A02837 Votes:

A02837 Memo:

 BILL NUMBER:  A2837

 TITLE OF BILL :  An act to amend the general business law, in
relation to prohibiting the sale or rental of certain video games,
which are pornographic or promote violence or illegal drug use, to
minors and requiring warning labels on such video games

 PURPOSE OR GENERAL IDEA OF BILL : Prohibits sale of explicit and
violent video games to minors and requires labeling thereof

 SUMMARY OF SPECIFIC PROVISIONS :

1.) The General Business Law is amended by adding section 391-o which
prohibits the sale, rental or the offer to sell or rent video games to
any person under the age of 18 years that contains depictions of or
advocating or glamorizing suicide, sodomy, rape, incest, commission of
a violent crime, bestiality, violent racism, religious violence,
sado-masochism, sexual assault, sexual activity, murder, morbid
violence, and illegal use of drugs or alcohol.

2.) Calls for a warning label to be affixed to the front of the
outside packaging of such video games to warn parents and/or guardians
of violent content.

3.) Establishes a provision that restricts access to such a video game
in a manner determined by the retailer.

4.) Sets forth a provision where a violation of the provisions of
subdivision one, two or three of the bill shall be a violation as
defined by the Penal Law.

5.) Establishes a civil penalty not to exceed one thousand dollars per
rental unit for those retailers and manufacturers who knowingly
violate the provisions of 391-o.

6.) Establishes a civil penalty not to exceed one thousand dollars per
rental unit against a non-custodial adult who buys or rents for a
minor a labeled video game and such act shall be a violation as
defined in the penal law.

7.) Provides the Courts the power to confiscate any materials that do
not bear a rating and/or label clearly displayed.

8.) Requires that the retailer, owner, etc. shall have available for
examination a copy of the video game for parents or guardians to view
prior to purchasing the product.

9). Establishes a provision requiring the showing of identification
proving age by those who wish to purchase or rent labeled video games.

10.) Establishes an affirmative defense for retailers to show that the
person who purchased or rented the labeled video game produced
identification establishing that his or her age is eighteen years or
older.

11.) Establishes an effective date to be the first of November next
succeeding the date on which it shall have become law.

 JUSTIFICATION : Video games turned 30 years old in 2002 and as the
industry has grown electronic games have become enormously popular
with children and youth. A recent publication cites that 79% of
American children now play computer or video games on a regular basis.
Children between the ages of seven and seventeen play for an average
of eight hours a week. A subset of video games feature violence, gore,
and antisocial behavior which has raised concern among parents,
educators, child advocates, medical professionals, and policy makers.
One of the videos at the center of controversy is Grand Theft Auto:
Vice City, which was released on October 21, 2002. Over 1.4 million
copies were sold in two days making it the fastest sales start for a
video game in the thirty-year history of the industry. It is predicted
that the game will sell 10 million copies grossing almost a half
billion dollars.  The intense concern about video games content is
based upon the belief that ultra violent games are inappropriate for
all children and even harmful to some.

Concern about violent video games is based upon the assumption that
they contribute to aggression and violence among young players. The
American Psychological Association, the American Academy of Pediatrics
and the American Medical Association originally based this conclusion
upon extensive research on television violence and aggression. The
organizations concluded that scientific evidence shows a cause-effect
relationship between television violence and aggression among children
that watch it. Based upon this research, similar findings are expected
concerning video games and these games are believed to have an even
greater impact because: 1.) children like to imitate the actions of
characters such as the ones they play as or against in a video game,
2.)  video games include much repetition and with repetition comes a
behavioral rehearsal for violent activity as violent games are played
over and over again, 3.) rewards increase learning, and video games
are based upon a reward system.

Concern about video game violence is warranted; in an Anderson &
Bushman study of 2001 there is a consistent pattern of results
concerning violent video games' effect on children. It has been shown
that exposure to violent video games increases: 1.) physiological
arousal, 2.)  aggressive thoughts, 3.) aggressive emotions and 4.)
aggressive actions in those children and youth who play violent video
games. It has also been established that even limited amounts of
sexual violence can desensitize viewers. In an experimental study
conducted in 1995, viewers of films containing sexual violence
expressed significantly less sympathy for domestic violence victims,
and rated their injuries less severe, than did a group not exposed to
these films. The most alarming part of this study is that violent
video games are played over and over again and a film may be watched
only once or twice, with increased repetition comes an even greater
chance of desensitization to violence, especially against women.

As children play these games on a daily basis, it may cause some of
them to lose touch with reality. In some cases it has been reported
that children become addicted to playing these games. In a study of
387, 12-16 year olds, 20% were classified as currently addicted to
playing computer-based video games and one in four adolescents had
been addicted at some point in their lives. In one case, a person
committed suicide after playing Everquest for thirty-six hours.

The most disturbing aspect of violent video games currently on the
market, such as Grand Theft Auto: Vice City and BMX XXX, is the way
that these games portray women. A growing number of games depict women
as sexual objects, denigrate them and glamorize violence against them.
Specifically, in Grand Theft Auto: Vice City women are brutally
murdered and are portrayed as prostitutes. Videos such as these
promote the raping of a woman as entertainment and give players points
as rewards for evading police after committing these heinous crimes.

Those who defend these games say that they are targeted towards adult
players not children, this defense is simply not valid. Recent surveys
of boys showed that these games are extremely popular with preteen and
teen males and the survey also revealed that in a study of 600 parents
and teachers tested, less than three percent had any knowledge of the
extent of violence depicted and the level of violence against women
contained in the games.

The youth in New York State should be given every opportunity to grow
in a positive way and not be exposed to offensive depictions that may
negatively influence their behavior. This bill would shield children
from glamorized portrayals of violent acts, especially those committed
against women. This bill will bring awareness to parents and guardians
concerning the violent contents of video games. Further, a mandatory
warning label will function as a crucial reminder to those parents or
guardians who would otherwise be unaware of the violent content
contained in the video games.

 PRIOR LEGISLATIVE HISTORY :  A5965 Held in Committee 2005-2006; A2787
(2007-2008) Held in Committee

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : This act shall take effect on the first of November
next succeeding the date on which it shall have become law.