What it changes

1 change to S. 397

Adds a section
  1. Adds SEC. 5. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS on page 13, line 4

    Adds a sectionPrinted page

    Inserted: SEC. 5. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

    Inserted: (a) In General.--No business shall sell or rent, or permit the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years.

    Inserted: (b) Affirmative Defense.--It shall be a defense to any prosecution for a violation of the prohibition under subsection (a) that a business was shown an identification document, which the business reasonably believed to be valid, indicating that the individual purchasing or renting the video game had attained the age of 17 years or older.

    Inserted: (c) Penalty.--The manager or agent of the manager of a business found to be in violation of the prohibition under subsection (a) shall be subject to a fine, community service, or both not to exceed--

    Inserted: (1) $1,000 or 100 hours of community service for the first violation; and

    Inserted: (2) $5,000 or 500 hours of community service for each subsequent violation.

    Inserted: (d) Definitions.--In this section, the following definitions shall apply:

    Inserted: (1) Business.--The term "business" means any lawful activity, except a farm operation, that is conducted--

    Inserted: (A) primarily for the purchase, sale, lease, or rental of personal or real property, or for the manufacture, processing, or marketing of products, commodities, or any other personal property; or

    Inserted: (B) primarily for the sale of services to the public.

    Inserted: (2) Entertainment software ratings board.--The term "Entertainment Software Ratings Board" means the independent rating system, or any successor ratings system--

    Inserted: (A) established by the Interactive Digital Software Association; and

    Show 5 more inserted paragraphs

    Inserted: (B) developed to provide information to consumers regarding the content of video and computer games.

    Inserted: (3) Video game.--The term "video game" means an electronic object or device that--

    Inserted: (A) stores recorded data or instructions;

    Inserted: (B) receives data or instructions generated by the person who uses it; and

    Inserted: (C) by processing such data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

    Original wording

    On page 13, after line 4, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1616. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill S. 397, to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others; which was ordered to lie on the table; as follows:

On page 13, after line 4, insert the following:

SEC. 5. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS.

(a) In General.--No business shall sell or rent, or permit the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years.

(b) Affirmative Defense.--It shall be a defense to any prosecution for a violation of the prohibition under subsection (a) that a business was shown an identification document, which the business reasonably believed to be valid, indicating that the individual purchasing or renting the video game had attained the age of 17 years or older.

(c) Penalty.--The manager or agent of the manager of a business found to be in violation of the prohibition under subsection (a) shall be subject to a fine, community service, or both not to exceed--

(1) $1,000 or 100 hours of community service for the first violation; and

(2) $5,000 or 500 hours of community service for each subsequent violation.

(d) Definitions.--In this section, the following definitions shall apply:

(1) Business.--The term “business” means any lawful activity, except a farm operation, that is conducted--

(A) primarily for the purchase, sale, lease, or rental of personal or real property, or for the manufacture, processing, or marketing of products, commodities, or any other personal property; or

(B) primarily for the sale of services to the public.

(2) Entertainment software ratings board.--The term “Entertainment Software Ratings Board” means the independent rating system, or any successor ratings system--

(A) established by the Interactive Digital Software Association; and

(B) developed to provide information to consumers regarding the content of video and computer games.

(3) Video game.--The term “video game” means an electronic object or device that--

(A) stores recorded data or instructions;

(B) receives data or instructions generated by the person who uses it; and

(C) by processing such data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

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Senate amendment submitted

July 27, 2005